Being released from prison or the possibility of prison to parole or probation is a huge relief. Both parole and probation come with restrictive requirements that can be difficult to manage and live under. Failing to meet your probation or parole requirements can result in being returned to prison or jail, even if you were not aware that you were violating the requirements.
Common Probation and Parole Violations
- Being charged with another crime
- Failed urinalysis
- Failure to report
- Failure to make restitution
- Failure to obey curfew
New York Probation Violation Lawyer
If you have been accused of violating probation or parole, you should take the accusation seriously. Securing the legal representation of an experienced criminal defense lawyer who understands probation and parole violation proceedings is critical to keeping you out of prison. A good criminal defense lawyer will be able to persuade your probation officer and the prosecutor to resolve the charges before court and keep you out of jail.
In most cases, probation in New York lasts three years for misdemeanors and five years for felonies. Judges have discretion in setting the terms of probation. New York Penal Law, Part 2, Title E, Article 65.10 outlines the conditions and requirements you must follow while on probation. While on probation in New York, depending on your case, you may be required to:
- Avoid injurious and vicious habits
- Refrain from associating with people and places prone to illegal activity
- Maintain employment, education, or job training
- Undergo psychiatric treatment
- Enroll in an alcohol or drug treatment program
- Take a defensive driving course
- Keep current with child support payments
- Make restitution to a crime victim
- Perform community service
- Post a bond
- Install an ignition interlock device on a vehicle
- Make regular appointments with a probation officer
- Allow the probation officer to visit the probationer’s home and search it without a warrant
- Abide by travel restrictions and curfews
- Wear an electronic monitoring ankle bracelet
- Pass regular or periodic drug tests
If your probation officer thinks you’ve violated the terms of your probation, they may file a Violation of Probation (VOP) with the court that sentenced your probation. You will then be ordered to appear in court before the judge who initially sentenced you. The probation officer must only demonstrate a “preponderance of evidence,” which means the judge needs to only find it more likely than not that you committed the violation.
There are two types of probation violations. Substantive violations are when you violate probation by committing a new crime while on probation, and technical VOP is when you violate a non-criminal term of your probation. Your probation can be terminated as a result of either type of violation.
Important: If your probation is terminated, you will not get any credit for time spent on probation, even if you’re almost finished with your probation period.
New York Probation Violation Attorney Gilbert C. Parris
Criminal defense lawyer Gilbert C. Parris has been practicing criminal law for over 20 years. He spent years on the other side working as a State Prosecutor in Kings County, NY. He leverages his unique experience on both sides of the courtroom to build strong defense strategies for every client. Mr. Parris can help you or your loved one with all aspects of probation or parole violation and give you the best chance of maintaining freedom.