What Are The General Conditions Of Probation in New York State?
Probation and parole are both alternatives to imprisonment. However, probation is served in lieu of incarceration and parole is served after the offender has been granted an early release from prison. Those who are on probation are allowed to live in the community freely as long as they meet a certain set of requirements. However, if you fail to meet these requirements, this “violation of probation” could land you jail time.
On Long Island, probation is handled at the county level. Your county’s probation department and dedicated probation officers oversee probationers and make sure they attend required counseling classes and meetings, pay required dues, stay out of trouble with the law, and generally impose no danger upon their environment in general. It’s a way of observing those with criminal charges to reduce the risk of reoffending.
Probation conditions may change on a case-by-case basis. Some probationers are required by the terms of their probation to hold a full-time job, they are barred from possessing a weapon, or may have to install an interlock ignition device if arrested for a DWI. Every case is different, but the conditions of probation must be followed at all times in order to avoid tough penalties for violations, such as jail time.
What Happens If I Am Charged With Violating My Probation In New York?
In New York State, there are two categories of probation violations: substantive and technical violations.
Technical violations can include:
- Failing to meet with your probation officer during mandatory meetings
- Failing to comply with a curfew
- Failing to attend counseling appointments
- Failing to make required check-in phone calls with your probation officer
- Failing to pay fees or restitution
- Traveling outside the county, state, or country without explicit permission
Substantive violations can include:
- Possessing, selling, or using drugs
- Violating restraining order or order of protection
- Committing a new crime or being arrested again
If a probationer fails to meet the terms and conditions of their probation, their probation officer will most likely file a Violation of Probation (VOP) with the court. Violation of Probation hearings are different from typical criminal hearings and trials. Probationers who are charged with violating their probation have no inherent right to a jury. The probationer’s fate is decided entirely by the judge. For a probationer to be found guilty of the violation and convicted, the District Attorney’s Office must be able demonstrate that the violation was willful and purposeful. If successful, the judge will order a new decision.
Will I Go To Jail If I Violate My Probation In New York?
Depending on the circumstances and severity of the violation, it may be possible that you won’t go to jail after violating your probation. If it is alleged that you violated your probation in New York, you’ll be required to face the sentencing judge of your original criminal case. At the court appearances, the judge may hold off on making a decision until it can be determined whether or not you are serious about abiding by the law, should you be given a second chance. In serious cases, however, probation can be revoked entirely, and the probationer will be sentenced to jail or prison instead.
If you have been found guilty of a probation violation, your sentencing will occur shortly after your hearing. The court will make one of three decisions: To decide to extend your probation (continuation), change or impose additional terms to your probation (modification), or send you to jail or prison (revocation).
If you are charged with violating your probation, a New York criminal defense attorney can help you guide this situation and work hard to ensure the best possible outcome. It’s possible that you violated your probation by accident, or got caught up in a complicated situation that resulted in missing an appointment or being charged with a new crime. Whatever the circumstances may be, a qualified criminal defense attorney can help you navigate this situation.
Schedule A Free Consultation With Gianni Karmily If You Are Charged with Violating Your Probation In New York
A violation of probation holds serious consequences in the state of New York. Never try to stand up against state and county legislators without the guidance of a criminal defense attorney. You need to be represented by a tenacious, hardworking attorney who understands how important it is to stay out of jail and keep your freedom.
At the Law Firm of Gianni Karmily, we offer a free consultation to any probationer who needs help during this difficult time. Our attorneys pledge to help you understand the full scope of the options you have for justice, and will make sure every opportunity to keep you out of jail is identified.