It is important to understand the implications if you or someone you know is on probation in New York. Here is what you need to know about violations of probation (VOP):
WHAT IS PROBATION?
Probation is a court-ordered period of supervision in the community, often an alternative to incarceration. It comes with specific conditions that must be followed.
COMMON PROBATION CONDITIONS.
The period of supervision commonly includes regular check-ins with a probation officer, remaining within a certain geographic area, attending counseling or treatment programs, maintaining employment or attending school, avoiding contact with certain individuals or places, and not committing or getting arrested for any new crimes.
WHAT CONSTITUTES A VIOLATION OF PROBATION?
There are many ways that one can violate probation. There are technical violations that include missing appointments or failing to check in with your probation officer, failing drug tests, or breaking other rules mandated by the Court. Another way to violate probation is through new criminal offenses, which include being arrested for or charged with a new crime while on probation. You can also violate probation by failing to pay court-ordered fines and/or restitution.
CONSEQUENCES OF A VIOLATION OF PROBATION.
Several consequences can come along with a violation of probation. The Court can let you off with a warning or reprimand, which comes with more minor violations. The Court can modify the terms of probation by imposing stricter conditions. The Court may extend probation, which usually happens when the Court does not consider the time between the filing of the violation of probation to the resolution of, therefore, extending the original probation period. The most severe consequence of a violation of probation is the Court revoking probation, leading to incarceration for the maximum jail sentence for the charge to which you plead.
DIFFERENT WAYS TO BE PUT ON PROBATION.
There are two ways that one may be placed on probation during a criminal case. There are two parts to the disposition of a criminal case – the plea and the sentence. The plea is the charge that you are admitting to, and the sentence is essentially the punishment for the plea. One way is to plea to a charge, with probation being the sentence (usually an alternative to jail). In New York State, the maximum amount of time one may be sentenced to probation on a Class A Misdemeanor is 3 years, and the maximum amount of time one may be sentenced to probation on a Class B Misdemeanor is 1 year.
Another way one may be placed on probation is by agreeing to interim probation. Interim probation is offered to someone which, when completed successfully, allows a person to plea to a reduced charge. In this situation, a Prosecutor will make an offer to a reduced charge subject to the completion of the interim probation period. The individual usually pleads to the original (more serious) charge and is required to complete a period of probation. If the probation is completed successfully, the person will return to Court at the end of the interim probation period, withdraw their guilty plea to the original plea, and then plea to a reduced and amended charge. However, if not successful, the individual risks letting the original plea stand, and can face up to the maximum jail sentence that the Court may impose based on the charge to which you plead. The Court also has the discretion to sentence the individual to the maximum amount of time for probation, therefore lengthening the amount of probation you are required to complete.
WHAT TO DO IF YOU VIOLATE PROBATION.
If you are arrested on a new charge, you should let your probation officer know immediately. It is better to be honest about it to your PO rather than let them find out on their own. Explain the situation and seek guidance. Being upfront can sometimes work in your favor – they’re going to find out about it anyway, so it’s better if it comes from you.
Seek legal counsel immediately. An experienced attorney can help you understand your options and prepare your defense, or attempt to mitigate the consequences of the violation. Also, it is imperative that if you receive a court date, you appear. Voluntarily appearing and/or surrendering yourself when you are notified of an upcoming violation reduces the chances of the Court setting bail on your violation and holding you pending the resolution of your violation.
Make sure to gather any evidence that may support your case, such as proof of compliance or mitigating circumstances. It is extremely important that if you are not in compliance with the terms of probation, you begin to do so immediately. Always leave voicemails if you have to check in with your PO by phone, and make sure to keep a detailed log of the dates and times that you contacted, or at least attempted to contact, your probation officer.
Call The Law Office of Siara Ossa, PLLC if you have been notified of a violation of probation, or you anticipate that you will receive notice of a violation. Remember, the Court has a lot of discretion when it comes to violations of probation. Taking charge from the beginning and having a competent attorney with plenty of experience in defending violations of probation to counsel you through it is imperative to get you the best possible outcome and potentially help you avoid jail. Our office has represented many individuals faced with violations of probation and has successfully restored clients to probation with all “good time.” Get the individualized and personalized attention you deserve by calling us today at 347-733-5612. probation violation attorney vop lawyer.