Is probation an option in New York and how does it work?

Probation in New York: Is it an Option and How Does it Work?

If you’re facing criminal charges in New York, you may be wondering – can I get probation instead of jail time? Many defendants desperately want to avoid incarceration. The good news is probation is often an option in New York, even for some felonies.

But how exactly does probation work? What are the requirements and restrictions? Will it still show up on my record? Excellent questions! In this article, I’ll explain everything you need to know about probation in NY.

What Is Probation in New York?

Probation is a type of community supervision where instead of jailing you, the judge releases you under strict conditions. It allows you to serve your sentence out in society rather than behind bars.

While on probation in NY, you must comply with rules like[1]:

• Regularly meeting with a probation officer
• Maintaining employment
• Avoiding re-arrest
• Staying within geographic limits
• Completing counseling or treatment programs
• Paying fines, fees, and restitution
• Obeying curfews or travel restrictions
• Submitting to drug/alcohol testing

If you violate any conditions, your probation could be revoked and you may be resentenced to jail time.

Is Probation an Option in New York?

Yes, judges in New York often order probation for misdemeanor and low-level felony convictions. Even some more serious felonies are eligible in certain cases.

The judge has discretion whether to impose probation based on factors like[2]:

• Your criminal history
• The facts of the case
• Your background and personal circumstances
• The probation department’s recommendation

In some cases, probation may be mandatory under New York law.

How Long Does Probation Last in New York?

If probation is granted in NY, the maximum probation term is[3]:

• 5 years for a felony
• 3 years for a misdemeanor
• 6 months for a violation

The judge sets the exact length within those limits based on the facts of the case. Shorter probation periods are common for minor crimes.

Does Probation Show Up on Your Criminal Record?

Yes, a probation sentence will still appear on your New York criminal record along with the original conviction.

Probation is not considered confidential. It will be visible to the public and show up on background checks for jobs, housing, etc.

However, it looks better to employers than jail time and shows you’re deemed “rehabilitatable.”

What Happens If You Violate Probation in New York?

If you fail to comply with NY probation conditions, a judge can revoke probation and resentence you to incarceration.

Before revocation, you are entitled to a hearing where you can explain any violations and contest the allegations against you.

If probation is revoked, you may face serving the remainder of your original jail sentence behind bars.

Can Probation Be Terminated Early in New York?

Yes, after completing a significant portion of your probation sentence (typically 1/2 to 2/3), you can request early termination from the judge if you have done well.

The judge will review factors like your compliance history, restitution payment, rehabilitative progress, and probation officer’s input.

If granted, early termination restores all civil rights and ends supervision. But the conviction still remains on your record.

Is Probation Always an Option?

No, probation is not an option for certain very serious violent felonies in New York.

Some charges require mandatory prison sentences under NY law. And some defendants with extensive criminal histories may not qualify.

Talk to your criminal defense attorney about whether probation is a viable option in your specific case.

Should I Accept Probation or Fight for Dismissal?

Even if offered probation, you may want to consider fighting the charges at trial. Some choose to risk jail time rather than accept a conviction.

Your attorney can advise if you have strong defenses or suppression arguments that could lead to an acquittal or dismissal.

There are pros and cons to accepting probation versus contesting the charges. It’s an important personal decision.

Key Takeaways on Probation in New York

Here are some key takeaways about probation in NY:

• Judges often order probation for misdemeanors and low-level felonies
• Strict conditions like employment, treatment, curfews must be followed
• Probation violations may lead to incarceration
• Probation remains visible on your criminal record
• Early termination is possible for compliant probationers

I hope this overview helps explain how probation works in New York. The rules are strict but it beats jail time! Consult a criminal lawyer to understand your options.