If you are ever convicted of a crime, you may be sentenced to probation by a judge. However, once you are sentenced, you have to follow every term of your probation or else you may have to fulfill an obligatory jail sentence. Unfortunately, getting your judge to offer you probation instead of jail takes plenty of experience and skill. Instead of crossing your fingers and hoping for the best, it’s wise to consult a lawyer for help with your convocation.
If you are convicted of committing a crime in the state of New York, you can face a jail sentence. However, due to the current overpopulation of jails, as well as the rising costs of maintaining jails, probation is another common sentence. But, just as easy as it was to get on probation, getting transferred to a jail sentence is just as easy. This is why it’s so important to stay on the right path and prevent your probation from being suspended.
Even though you are placed on probation, and might never spend a day in prison or jail, you are still considered a criminal. Plus, even if you serve a full sentence, jail or probation, you still have to let your employers know that you are a reformed criminal in your job interview and application.
When on probation, the probationer, or the convicted individual, has to check in with their trail officer to fulfill their sentence. Probation officers have wide authority over their probationers and fully have the right to search the individual, their property, and assign drug tests on a regular basis. Probation regulations vary in severity depending on the crime and sentencing. There are standard probation conditions which apply to all cases and special conditions which may not. Some standard conditions include:
– not committing another crime or taking part in any criminal activity
– not leaving the district without permission
– working regularly at a lawful institution
– reporting to the probation officer
Special conditions might include:
– community service
– substance abuse or sex offender counseling
– home confinement
A probation violation has a variety of factors that is used instead of a prison sentence, which is determined by your local state and federal laws. Here are some of the most common things that can void your probation violation which can deter you to a jail sentence:
– Failing drug or urine tests
– Unable to pay court fees
– Inability to install an ignition interlock device in your vehicle
– Inability to meet your trial officer
– Meeting individuals you aren’t supposed to
– Purposely violating other court restrictions
Parole Violation Penalties
After serving your full sentence in the state of New York, the convicted individual will be released, but subject to supervision for up to five years. This supervision is called the Post Release Supervision and is usually done by the New York State Division of Parole. During this time, the rules around your supervision are strict and severe. However, even the smallest of offenses can be a parole violation, such as accidentally missing a meeting with your parole officer.
After an individual on violates their parole, they cannot be released from jail until after their hearing, which can take up to 90 days. Unless the individual’s violation has been withdrawn, the violator can expect to stay in jail for up to at least 90 days. However, you can better protect your future and win your case by hiring a probation violation lawyer.
Probation Violation Defenses
During your probation hearing is the best time to try and win the judge over to help your case, especially if you had to break your probation to help out another person. Or, you might have even broken it due to a lack of communication between you and your parole officer. No matter what the case is, getting yourself the best defense is a strong option to help win your parole violation case.
No matter what kind of offense you violated on your probation, you are not required by law to talk to anyone about your offense. Your right to remain silent about your offense is one of the key aspects of the criminal justice system after all. In fact, no one is legally required to disclose their crimes to another person. The only law that law enforcement has to enforce you with is the right to identify yourself at their request. However, this is easily done by offering your government issued ID card, which can be a birth certificate, driver’s license, etc.
Individuals who are convicted of a violation of their parole are advised to ask for legal counsel, such as probation violation lawyers, immediately and avoid answering any questions from investigators.