How to Handle Probation and Parole in New York City Criminal Cases

How to Handle Probation and Parole in New York City Criminal Cases

Dealing with probation or parole can be scary and confusing. But don’t worry, this article will break it down for you in simple terms so you know what to expect and how to handle it.

What is Probation?

Probation is a sentence where instead of jail time, the judge lets you stay in the community under supervision. There are rules you have to follow called “conditions of probation.” If you violate the conditions, you could end up in jail.

For example, typical probation rules are:

• Meet with a probation officer regularly
• Pass drug tests
• Have a curfew
• Stay in the state
• Avoid re-arrest

Probation usually lasts between 1-5 years. The length depends on the crime and your criminal history.

What Happens at a Probation Sentencing?

At the sentencing, the judge reviews the probation pre-sentence report prepared by the Department of Probation. This report recommends the length and conditions of probation.

You or your lawyer can ask for changes to the recommended probation terms. The judge will make the final decision on the length and rules.

In NY, for a felony the max probation term is 5 years. For a misdemeanor, it’s 1 year .

What are Typical Probation Conditions in NY?

Here are some common probation rules in NY criminal cases:

• Monthly meetings with probation officer
• No re-arrests or law violations
• Drug/alcohol testing and treatment
• Curfew
• Getting a job or doing community service
• No guns or weapons
• Staying in New York unless permitted to leave

The judge can also order you to avoid certain people or places, take anger management or parenting classes, and other terms.

What Happens if You Violate Probation?

If you break the probation rules, your PO can file a Violation of Probation (VOP). You’ll have to go back to court.

At the VOP hearing, the judge decides if you violated the terms. If so, the judge can:

• Warn you
• Extend your probation
• Add more rules
• Sentence you to jail for up to the max term you avoided with probation.

So it’s important to fully comply with probation to avoid violations.

How to Complete Probation Successfully

Here are some tips for completing probation without violations:

• Show up early for meetings with your probation officer
• Always be polite and respectful
• Comply with curfew and stay where you are allowed
• Avoid people and places that could get you into trouble
• Take probation rules seriously to avoid violations

Also be prepared to pass drug tests, take required classes, and do community service. If you have questions on the rules, ask your lawyer.

What is Parole?

Parole is early release from prison under community supervision. The parole board decides when you get released.

Parole rules are similar to probation – meetings with your parole officer, drug tests, curfew, avoiding re-arrest, etc. The length of parole depends on how much time is left on your sentence.

What Factors Affect Getting Parole in NY?

The parole board looks at factors like :

• Your criminal history
• Seriousness of the crime
• Your behavior and accomplishments in prison
• Whether you have an acceptable parole release plan
• Victim statements
• Remorse and insight into your crime

So it helps to take programs, avoid trouble in prison, and have a solid parole plan.

What is the Parole Hearing Like?

You’ll meet with 2-3 parole board members. They’ll ask you questions about the crime, your time in prison, release plans, remorse and more. Your answers are very important.

An attorney can help prepare you for the hearing and advocate for your release. Have letters of support and certificates from programs ready.

What Happens if Parole is Denied?

If denied parole, the board will give you a new date to come back, usually in 1-3 years. You can appeal a denial through an Article 78 proceeding . An attorney can help with this.

Keep participating in programs and stay out of trouble to improve your chances next time.

What are the Rules of Parole?

As a parolee you must:

• Meet with your parole officer
• Follow parole conditions
• Stay in New York
• Get approval to travel or move
• Inform parole officer if arrested
• Follow curfew
• Pass drug tests

Breaking the rules means going back to prison. So take parole seriously.