If you are serving a New York probation sentence, is it possible to terminate it early? Yes, under certain conditions of the court. Here is what you need to know.
In the state of New York, individuals convicted of misdemeanors or felonies often have probation terms attached to their sentences. A minimum probation term is three years for a misdemeanor conviction and five years for a felony conviction. Probation requirements are stringent and can have a significant impact on daily life.
If you are on probation, you must report regularly to their probation officer. Most often you meet once per month, but in some cases, you may meet as often as once every two weeks.
The Department of Probation is not known for its speedy customer service. You may be subjected to lengthy waiting periods. When you meet with a probation officer, you will be given a drug test and asked a series of questions.
Sometimes, your probation officer may also make unscheduled visits to your home to see if you are meeting requirements. If you wish to travel for leisure or work, permission must first be granted by your probation officer.
Relief from a Probation Sentence in New York
You may feel unduly restricted by these legal requirements. Thankfully, you can find relief with the help of a qualified criminal defense attorney.
Your attorney can draft and file motions in court which request that your probation be terminated early. You can provide documents such as work permits, affirmative certificates, and support letters, so your attorney will have additional leverage in persuading the court to give you an early termination of your probation sentence.
To qualify for early termination of probation, most individuals must complete at least fifty percent of their probation sentence. Any fines associated with the sentence must have been paid, and all classes and treatment programs must have been completed. The motion must also be in the best public interest.
The motions for early probation termination must be reviewed by the Department of Probation and the District Attorney. Then the case moves to the judge who issued the original sentence. The judge may request a hearing to discuss details of the motion before proceeding. Your attorney will be prepared to answer any questions the judge may possess.
The judge will check that you have fulfilled the mandates for counseling and other treatment programs. If you have violated any probation terms, this will come into the discussion.
If you suffered hardships due to probation restrictions, it’s important to mention this to your attorney. You may have experienced a job loss or lack of promotion. A probationary travel restriction may have negatively affected your career.
Conversely, if you made efforts to improve your life, this will factor into the court’s decision. Mention that you sought and maintained gainful employment. Also explain if you did any coursework or engaged in volunteer opportunities.
By involving the help of an experienced attorney, your application will be smoother. Schedule a free initial phone consultation today to get the process started.