An Overview Of The Probation Process In The State Of New York
Interviewer: When are people put on probation? Is it only after they have been convicted or as an alternative punishment instead of being convicted?
Lisa Pelosi: When someone is put on probation, that means the judge has determined along with the impute from the defense attorney and the prosecutor that the sentence should be probation in lieu of jail time or a program or some other types of sentencing depending on the jurisdiction. So someone already would have pleaded guilty anticipating a sentence of non-incarceration but would be considered probation.
The Frequency of Probation for Criminal Cases in the State of New York
Interviewer: How often in criminal cases is probation ordered by the court? Is it something that’s a frequent deal?
Lisa Pelosi: Yes. If its someone’s first arrest and it’s a non-violent crime and your lawyer can argue to the judge all the good things that you’ve done in your life. That essentially you made a mistake and jail would not be of a cause to the thing and that you can
- Learn something from being on probation
- Society can be paid back by attendance at probation and working with the probation officer.
Judges often will often take that into consideration and keep my clients out of jail by getting them the sentence of probation.
The Types of Offenses that May Entail the Availability of Probation
Interviewer: What kinds of offenses carry probation with them typically?
Lisa Pelosi: Mostly non-violent crimes or people who have committed non-violent crimes and have plead guilty to offenses such as drug cases that don’t involve any weapons. Some sort of credit card cases and even with domestic violence cases, if it’s not a long history of abuse and the injuries aren’t serious, I can get probation for a client and sometimes even better.
The Different Levels of Probation for Criminal Offenders in the State of New York
Interviewer: What are the different levels of probation? Are there low levels or intense or high levels?
Lisa Pelosi: Depending upon the type of crime, on whether or not it’s a misdemeanor which is a lesser crime or a felony which is a higher level of crime, one can be sentenced to various terms of probation. For example, for a misdemeanor you could be on 3 years’ probation, a felony 5 years or more depending on the plea and what you plead guilty to. During that period of time, the department of probation has control over you and makes certain requests of you. For example, if they think drugs or alcohol is something that you need to have something help with or job training or anger management or various other types of issues that an individual may have in his or her life. Probation will interview you and set up sort of a life plan during the time that you are on probation and you need to do what probation tells you to do.
The Common Ways in Which Probation is Violated in New York
Interviewer: How are ways that people violate probation?
Lisa Pelosi: People violate probation by basically not doing what probation tells them to do which is essentially leading a law abiding life. Attending all classes or programs that they request of you, or often times unfortunately if you’re re-arrested and convicted of a new case then that’s considered a violation of probation.