Probation Law

Probation Law In New York

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.

Conditional Discharge

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.

Electronic Monitoring

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. 

Sex Offenders

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.

Contact Us Today

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

 

 

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