NEW YORK CRIMINAL DEFENSE LAWYER

Need Help with A Probation Violation in NY or NYC?

The Consequences of Violating Probation in the State of New York

Interviewer:  What are the consequences of violating probation first time versus multiple times?

Lisa Pelosi: Sometimes if you violate a probation for a small infraction, maybe if they find that you’re not at home at the time that you’re supposed to be at home or some small infraction. You get brought in front of the judge who sentenced you, who gave you warnings not to get rearrested and to listen to probation and so on and so forth. If you violate it, you are then subject to being sentenced for years in jail even what you would owe on probation, the number of years that you would owe on probation. When my clients ask me to get them probation, before I diligently work to try to get them what they want, I have to explain to them that getting probation is a commitment on their part, and on the courts part.

The Probation Is a Mutual Agreement Between the Court and the Convicted Offender

The court is allowing them to stay out and not to be incarcerated but with that they are also making a commitment to the court that they will do everything that probation tell them to do and if they violate it, then the consequences are very serious. Sometimes clients just beg for probation and I get it and if they have a drug problem or an alcohol problem or get rearrested, they are not so happy that they chose to be on probation because they will often times get sent upstate on a felony case for violating the probation.

The Impact of Being Charged With Another Crime While on Probation

Interviewer: What does happen if someone is accused of another crime while they are on probation?

Lisa Pelosi: The court would get a notice that they’ve been rearrested and probation would be monitoring the new arrest and if the new arrest is dismissed or if someone found not guilty, it usually will not violate someone’s probation. If however they are convicted of a case, a new case, then in addition to the case they have, they’re going to be re-sentenced on their first probation case that they had to serve time in jail, to run either consecutively or concurrently with the new case they have with the second case.

Probation Officers Are Generally Responsive to Minor Mistakes and Help People Complete Probation Successfully

Interviewer: Do people actually sometimes accidently violate probation by missing deadlines or is that the case where the courts appear understating in that situation?

Lisa Pelosi: If the probation officer sees that someone is really trying hard and trying to find work and behaving in an appropriate behavior and attending the meetings that the probation officer mandates and sometimes people do make mistakes and so long as people are working hard. I think the probation officers are generally responsive to people making small mistakes and will work to help clients to be successful on probation.

The Conditions of Probation May Be Modified With the Passage of Time

Interviewer: Can conditions of probation be modified over the years, can it go from supervised to unsupervised or vice versa?

Lisa Pelosi: Yes. In many cases in the beginning, a probation officer will be involved in someone’s life and then once they see that they are working and they are doing what they are supposed to do. Often times what will happen is that they will then just allow them to check in without them having to meet them and see them in person. They just check in in the system and every now and then and if you change your address, you need to advise probation so they know, whether you are living and so on and so forth.