New York Criminal Lawyer Blog
Caleb Christiansen and the State of New York are the plaintiffs in this matter. The defendant is a Warden of the County of the Suffolk County Jail, Charles Ewald. The case is being heard in the Suffolk County Court. The Honorable Emily Pines is the Justice overseeing the case.
The petitioner of the case has written a petition for writ of habeas corpus. The petitioner has requested to be released from the Suffolk County Jail. The Petitioner does not wish to be transferred to the Willard Program, which is a drug treatment facility. A New York Criminal Lawyer said there has been a stay issued on behalf of Caleb Christensen, that has not allowed him to be transferred to the Willard Program until a hearing could be held to determine the legality of his detention and whether or not he should be entered into the 90 day Willard Program.
Case History
The petitioner in the case was first convicted of three felonies in the County Court of Suffolk County. He was sentenced for 2 to 7 years for burglary, 3 to 4 years for attempted burglary, and 1 to 4 years as a youthful offender for attempted burglary. The sentencing occurred on the 10th of September, 2007. He was released from prison in May of 2008, but subject to parole. While the petitioner was on parole he was arrested in East Hampton for driving while intoxicated. He was given probation for this charge. In addition, his parole was revoked and then restored on the 5th of August, 2008. He then violated his parole a second time for possession of heroin (drug possession). This occurred on the 9th of March, 2009. He was sentenced by the Parole Ward to the drug treatment facility to attend the Willard Program. He was released from the program on the 25th of August, 2009.
In January of 2010, a warrant was issued for the petitioner’s arrest in East Hampton for violation of probation. He was declared to be a parole delinquent at this time. He was then arrested on another driving while intoxicated charge and sentenced to 180 days imprisonment and VOP for an incident that occurred on the 18th of February, 2010. These arrests were combined in a plea deal and a parole hearing was held. The parole hearing resulted in a sentence to the Willard Program for the second time. The petitioner has served the 180 days at this time and was set to be released to the custody of the State to be transferred to the Willard Program.
Case Discussion and Decision
The petitioner now argues that he has served the specified amount of time for his crimes and is not required to enter the Willard program for a second time.
The District Attorney has made the argument that the petitioner has not served an excess amount of jail time for his crimes and that he is required to attend the Willard Program.
After reviewing the facts of the case the court finds that the petitioner is required to attend the Willard Program as a result of his parole and probation violations. The writ of habeas corpus is denied.
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