New York Probation Violation
A New York violation of probation Lawyer discusses a VOP
We will start with probation. Probation is a sentencing tool used by NY Judges to surprise defendants prior to sentencing in a criminal case (interim probation) but most often it is used after a defendant has been convicted and probation is part of the sentence.
Prior to a NY Judge sentencing a defendant to Probation the defendant must sign a document called The Conditions of Probation. This document lays out the do's and don'ts of the Probation and the rights and powers The Probation Department retains over the Probation. You must review this document with your Criminal Lawyer prior to signing it. The major requirements of the Probationer is that he:
- Subject himself to a warrantless search.
- Find and maintain employment.
- Subject himself to drug testing.
- Report to Probation and the Probation Officer assigned to the case as requested.
- Follow the directions of Probation, which may include psychological or drug treatment programs.
- Do not associate or consort with disreputable people.
Standard Felony Probation is a five-years in duration and Misdemeanor Probation is three years.
If you do not adhere to terms of your Probation, your probation officer will "Violate" you.
A Violation of Probation means that the Probation Officer will call the Judge to inform the Court of the Violation. The case will be restored to the Court's calendar and you will appear in front of your sentencing Judge with your New York Criminal Lawyer and have a VOP or Violation of Probation hearing. The Lawyer prosecuting the Probationer is from the Probation Department. The Probation Dept. may be asking the NY Court to remove you from Probation and incarcerate you instead. Your Probation Violation Attorney will be asking the Criminal Court to restore you to Probation and argue that there was no violation.
The Judge must decide initially whether or not the Probationer violated the Probation. If the answer is "yes," the Court must decide what, if any, penalties will be imposed. The Court may require the Defendant to be incarcerated or may restore the Probationer to probation or even restore the probationer with new conditions to the probations. Obviously a lot depends on how affective your New York Violation of Probation Attorneys are.
At Stephen Bilkis & Associates, PLLC our skilled New York Criminal Lawyers are available to talk with you as we offer a free consultation. Call us at 800.696.9529 and meet us at one of our convenient locations in NYC and Long Island for a free consultation.
Another frequently asked question with regard to New York Probation is whether a Probationer can move and or transfer Probation. Remember, Probation is supervision at the County level. So, if you would like to move within the State, the receiving County must accept your Probation. The process is more complicated if the Probationer wants to leave the State. Each case is evaluated on its own when a request is received. The Probation Officer evaluating the case and both the Probation Officer of the Sending State (New York) and the Probation Department of the Receiving State must both agree to the transfer.
Some of the factors they consider include:
- Probationer's ability to support himself
- Availability of housing for the Probationer in the Receiving State
- The Probationers good standing and compliance with the current probation conditions
Parole can only be administered after incarceration. Parole is administered by the State. There are two types of parole:
The first is for offenders who received an indeterminate sentence. The New York State Board of Parole decides the issue if an inmate is to be given parole. Offenders given sentences of a determinate duration are usually given their parole after having served 6/7 of their sentence. These inmates receive parole known as Post Release Supervision. They are supervised as well by Parole Officers. The Conditions of Parole are very similar to those stated above in the Conditions of Probation and a Violation of Parole triggering a hearing can result in the re incarceration of the offender if the Violation is upheld.
If you are "Violated" on your Parole, contact the experienced New York Parole violation Lawyers at Stephen Bilkis & Associates, PLLC. We offer a free consultation at our convenient locations in NYC including Manhattan, Queens, Brooklyn, The Bronx, and Long Island including Nassau and Suffolk County; so call us at 800.696.9529.