ROCHESTER, N.Y. -- Held in jail accused of violating her probation, Rochester City Court Judge Leticia Astacio was back in court Wednesday to ask for bail. But the court denied her application.
Judge William Koecher said that there are different rights under the violation of probation than if she were awaiting trial—simply, the right to have bail heard doesn’t exist for a violation of probation.
Astacio is accused of multiple violations, including failing to abstain from drinking alcohol and visiting del Lago Casino without prior approval from her probation officer. She served time and was released on probation for a conviction on a DUI committed last year.
On Monday, she was taken into custody after pleading not guilty to the violations. Her attorney now must file a writ of habeas corpus, alleging that she is being held unlawfully, though prosecutors say even with the proper paperwork, she still may not be granted bail.
"This is the second time that Ms. Astacio has been held pending a violation,” said prosecutor Zach Maurer. “The previous time when the judge did consider the merits of the argument he found that there hadn't been an abuse of discretion and he order that she continue to be held."
Though now Astacio’s attorney will work to file the habeas corpus in three counties, Livingston, Monroe and Ontario, because she's being held in Livingston County and the Monroe County Sheriff's Office and DA's Office will also need copies.
"Our position is that he simply revoked her probation at that time and in doing so she is now being held without the ability to have a hearing,” Astacio’s attorney Gregory Salmon said. “That is illegal. And so what're we're going to do right now is file a writ of habeas corpus and see if we can get my client released."
Her probation violation hearing is set for November 3, though if her attorney files the paperwork, she could be back in court as early as Thursday.