When you are charged with a crime in New York, the potential for jail can daunting. However, depending on the circumstances of your case, you may be eligible for probation. Instead of incarceration, this alternative sentence provides the opportunity for rehabilitation. Please continue reading as we explore how probation works in New York and why connecting with our determined Nassau County Criminal Defense Attorneys is in your best interest.
What is Probation in New York?
In New York, probation is an alternative to jail. It allows those convicted of a crime to remain in their community while being supervised. However, those granted probation don’t get off scot-free. They must meet certain conditions, such as regularly reporting a probation officer, maintaining employment, adhering to a curfew, and avoiding further legal trouble. Probation terms vary significantly based on the nature of the crime, the offender’s criminal history, and their potential for rehabilitation.
It’s important to note that certain offenses are statutorily excluded from probation eligibility. Felonies are generally not eligible for probation, with some exceptions. Violent felonies, drug offenses, and repeated offenses can render a defendant ineligible for probation. This is because this alternative sentencing option is intended to allow offenders the opportunity to reform through treatment or counseling while still being held accountable for their actions. The court will assess whether a defendant poses a significant risk to the community to determine whether probation is a suitable punishment. A skilled Nassau County criminal defense attorney can advocate for probation if it’s a viable option in your case.
What Happens If I Violate the Terms?
As mentioned above, there are several terms and conditions you can be subjected to as part of your probation. Common conditions of probation include:
- Meet with your probation officer as directed
- Submit to drug and alcohol tests
- Complete community service hours
- Participate in therapy programs
- Avoid contact with certain people
- Follow travel restrictions
- Submit to searches
- Maintain employment
- Home confinement
- Electronic monitoring
Failing to adhere to the strict rules and conditions set by the court can lead to further penalties like extended probation or even jail time. Essentially, if you break the rules, the judge can revoke your probation and issue a warrant for your arrest. They can resentence you according to the statutory guidelines for your original crime.
If you are facing criminal charges, please don’t hesitate to contact an experienced attorney from KCS Law to discuss your legal options. We are prepared to do everything in our power to help you achieve the best possible outcome, given the unique circumstances of your case. Connect with our firm today to learn how we can fight for you.
