When you are convicted of a criminal offense, you could face significant fines, lengthy jail sentences, mandatory community service, and more. The prospect of spending months or years in prison is often one of the biggest concerns for criminal defendants. Probation is a beneficial alternative sentencing to jail that is commonly issued to low-level offenders. For more information on probation and how it works, read on and reach out to a Clarkstown criminal defense attorney today.
In New York, probation is a criminal sentence for adults that serves as an alternative to a jail or prison sentence. It is a program that allows individuals convicted of a criminal offense to be conditionally discharged and allowed to serve their sentence freely and in their community. Probation is generally offered to first-time offenders and those convicted of a non-violent crime who seem like they would benefit from rehabilitation.
While probation allows defendants to avoid jail time or be released early, it is important to understand that there are terms and conditions that accompany this type of sentence. During probation, adults are supervised by a probation officer and are required to abide by a list of conditions.
The laws regarding probation change depending on the jurisdiction you are in so it is important to understand how the process works in New York. Upon sentencing, you will be placed on probation supervision for a set amount of time depending on the details of your situation. You could receive 1 to 6 years for a misdemeanor or 5 to 10 years for a felony conviction.
During this time you will be expected to comply with a variety of terms and conditions specific to your offense and situation. Examples of these conditions include the following.
After abiding by the terms issued for the length of your sentence, you will be considered free and have served your time.
Violations of probation are serious and can have lasting consequences. The opportunity to serve your sentence freely is not a right but a privilege afforded by the court. The privilege can be revoked if you do not abide by all conditions of your release.
Your probation officer can encourage you to comply with the terms of your probation through sanctions and incentives. However, if you violate even one of the conditions then a VOP (violation of probation) will be filed against you. Depending on the details of the circumstances and your willingness to comply or show remorse, your term of probation could be extended, made more strict, or revoked. You could wind up serving your sentence in jail.
For more information on probation and your legal rights during your case, reach out to an experienced criminal defense lawyer at the Law Office of Kevin T. Conway today.
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