One of the more popular remedies known to many individuals in New York in case of guilt is the punishment of probation.
If you are looking for a way to learn more about the Probation Law in New York, you should learn more about it with the help of this article.
Probation As A Sentence
Section 65 of the New York Penal Law defines the sentence of probation. The following criteria must be complied with for the penalty of probation to be valid:
The court may sentence a person to a period of probation upon conviction of any crime if the court, having regard to the nature and circumstances of the crime and to the history, character and condition of the defendant, if i is of the opinion that:
- The institutional confinement for the term authorized by law of the defendant is or may not be necessary for the protection of the public;
- the defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision; and such disposition is not inconsistent with the ends of justice.
The court may sentence a person to a period of probation upon conviction of the following;
- a class A-II felony defined in article two hundred twenty;
- the class B felony defined in section 220.48 of the New York Penal Law; or
- any other class B felony defined in article two hundred twenty of this chapter where the person is a second felony drug
The last provision for probation sentencing requires that the prosecutor either orally on the record or in a writing filed with the indictment recommends that the court sentence such a person to a period of probation upon the ground that such person has or is providing material assistance in the investigation.
However, the court shall not impose a sentence of probation in any case where it does the following, to wit:
- It sentences a defendant for more than one crime and imposes a sentence of imprisonment for any one of the crimes; or
- Where the defendant is subject to an undischarged indeterminate or reformatory sentence of imprisonment which was imposed at a previous time by a court of this state and has more than one year to run.
Periods Of Probation
The following are the important periods of probation which shall be as follows:
- Three, Four, or Five Years - this one is the period of probation for a felony, other than a class A-II felony defined in article two hundred twenty of this chapter or the class B
felony defined in section 220.48 of this chapter, or any other class B felony defined in article two hundred twenty of this chapter committed by a second felony drug offender, or a sexual assault;
- Twenty five years - this is the period for a class A-II felony drug offender or a class B
felony committed by a second felony drug offender and for a class B felony defined in section 220.48 of the New York Penal Law;
- Ten years - this is the period of probation for a felony sexual assault.
- Two to three years - this is the period of probation for a class A misdemeanor, other than a sexual assault;
- Six years - six years period of probation for a class A misdemeanor sexual assault.
- One year - a period of one year for a class B misdemeanor, the period of probation shall be one year, except the period of probation shall be no less than one year and no more than three years for a class B misdemeanor for public lewdness;
- Two to three years - a period of two to three years for an unclassified misdemeanor. However, if the authorized sentence of imprisonment is in excess of three months, otherwise the period of probation shall be one year.
Violation of Probation Conditions
In case of a violation of the probation conditions, the court may extend the remaining period of probation up to the maximum term authorized. The defendant in the case shall receive credit for the time during which he or she was supervised under the original probation sentence prior to any declaration of delinquency and for any time spent in custody for an alleged violation of probation.
In any case where a court revokes probation and sentences such person to imprisonment and probation, the period of probation shall be the remaining period of the original probation sentence or one year whichever is greater.
There is also the provision of the conditional discharge under Section 65.05. The law provides that courts may impose a sentence of conditional discharge for an offense if the court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate.
When a sentence of conditional discharge is imposed for a felony, the court substantiate this case.
Periods of Conditional Discharge
The law requires that the period of conditional discharge of probation shall be as follows:
- Three years in the case of a felony; and
- One year in the case of a misdemeanor or a violation.
Where the court has required, as a condition of the sentence, that the defendant make restitution of the fruits of his or her offense or make reparation for the loss caused thereby and such condition has not been satisfied, the court, at any time prior to the expiration or termination of the period of conditional discharge, may impose an additional period.
The length of the additional period shall be fixed by the court at the time it is imposed and shall not be more than two years. All of the incidents of the original sentence, including the authority of the court to modify or enlarge the conditions, shall continue to apply during such additional period.
What Are The Conditions Of Probation?
Section 65.10 provides for the conditions of probation and conditional discharge.
The conditions of probation and conditional discharge shall be such as the court, in its discretion, deems reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so.
The court may require that the defendant;
- To Avoid injurious or vicious habits;
- To Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
- To Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip him for suitable employment;
- To undergo available medical or psychiatric treatment and remain in a specified institution, when required for that purpose;
- To Participate in an alcohol or substance abuse program or an intervention program approved by the court after consultation with the local probation department having jurisdiction, or such other public or private agency as the court determines to be appropriate;
- To Participate in a motor vehicle accident prevention
- To Support his dependents and meet other family responsibilities;
- To Make restitution of the fruits of his or her offense or make reparation, in an amount he can afford to pay, for the actual out-of-pocket loss caused thereby.
- To Reimburse a consumer credit reporting agency for the amount of the fee or fees that could have been charged by such agency to a domestic violence victim of the general business law, had such victim not been eligible to receive security freeze services without charge;
- To Perform services for a public or not-for-profit corporation, association, institution or agency, including but not limited to services for the division of substance abuse services, services in an appropriate community program for removal of graffiti from public or private property, including any property damaged in the underlying offense,
or services for the maintenance and repair of real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains.
Early Termination of A Sentence Of Probation
The court may establish provisions for the early termination of a sentence of probation or conditional discharge pursuant to the criminal procedure law after such services have been completed. Such a sentence may only be imposed upon conviction of a misdemeanor, violation, or class D or class E felony, or a youthful offender finding replacing any such conviction, where the defendant has consented to the amount and conditions of such service.
The defendants are now required to submit to the use of an electronic monitoring device and/or to follow a schedule that governs the defendant’s daily movement. Such condition may be imposed only where the court, in its discretion, determines that requiring the defendant to comply with such condition will advance public safety, probationer control or probationer surveillance.
Electronic monitoring shall be used in accordance with uniform procedures developed by the division of probation and correctional alternatives.
The conditions are different and mandatory when the individual is charged with a sex offense.
When imposing a sentence of probation or conditional discharge upon a person convicted of an offense, as
a mandatory condition of such sentence, such sentenced offender shall refrain from knowingly entering into or upon any school grounds, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present.
Calculation Of Periods Of Probation
The law requires that a period of probation or a period or additional period of conditional discharge commences on the day it is imposed. Multiple periods, whether imposed at the same or at different times, shall run concurrently.
Get The Help You Need
At the end of the day, if you are facing prosecution for a case that could be punished with probation in the State of New York, it is important that you get all of the help that you need. Federal investigators take a lot of time and effort to make sure that they have a tight case. Being prosecuted for a crime is one thing but being convicted is another. Make sure that you have all of the important facts and the defenses that you could possibly need.
A good defense lawyer should be able to help you find the right defense from the time that you hire him. A plea bargaining deal should always be on the table. Technicality should be handled with great caution as that can also take care of your case. You should also be able to throw out evidence if you have the right lawyer.
Whatever you need, whatever kind of defense is necessary, you should get a defense lawyer who can help you.
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If you need help urgently, we are always here to help. You can go to our office at 1121 Avenue Z, Brooklyn, NY 11235 or call our telephone at: 929-365-2306