New York Probation
In New York, probation is a sentencing tool that is common used by judges, and is part of a sentence that can include jail and fines. Prior to a judge sentencing the defendant, they will be required to sign a paper called “conditions of probation.” This document sets out the rules of probation and the rights that the probation department has during the probation process. It is important that you review this document thoroughly with your New York Probation Lawyer prior to signing it. If you are facing a criminal charge, such as Assault, battery, drug possession or a Sex Crime, it is likely that you will receive probation as part of your sentence. Speak with a New York Probation Lawyer from our team right away.
Normally, the conditions of probation will include:
- That the defendant subject themselves to a warrantless search;
- That the defendant subject themselves to drug testing;
- That the defendant be employed;
- The defendant is required to follow all rules of probation, including undergo drug treatment programs or psychological testing;
- The defendant cannot associate with disreputable people.
The standard probation period is five years for a felony offense and three years for a misdemeanor offense. If a probation officer violates you, it will be up to the court to determine what additional penalties will be levied. This could include jail time, or new probation terms.
A frequently asked question by a defendant that is on probation is whether the defendant can move, and probation can be transferred to another county. It is important to remember that if you move out of state, the county you plan on living in must accept your Probation. Each Probation case will be determined on an individual basis. The original Probation office, and the new Probation office in the new state must mutually agree to the transfer.
If you have violated your probation, it is important to speak with a New York Probation Lawyer from the Law Offices of Elliott Adler, P.C. We can explain your legal options, and help create a plan to ensure that your rights are protected. When you come in, we will provide you with valuable legal counsel and a free case evaluation. Call us today at 212.785.1300. We handle cases throughout New York including locations in Westchester County, as well as Suffolk County and Nassau County on Long Island as well as Queens, the Bronx, Brooklyn, Staten Island and Manhattan in New York City.