What is probation?
Probation is used as an alternative to incarceration to address goals and issues of someone convicted of a crime which can best be served in an out-of-jail arena.
Probation can be as short as one year and can last as long as 10 years.
What are my obligations while on probation?
The obligations while on probation vary depending on why the offender is placed on probation and what needs must be addressed and resolved while the person is on probation. For example, if someone is placed on probation for an assault conviction, they may be required to attend an anger management class to help address anger issues or conflict resolution.
Generally speaking, however, all probationers must regularly meet with their probation officer, remain arrest-free during the course of probation, and abide by all reasonable terms imposed on them by the court or probation department.
What happens if I am not successful on probation?
If someone is not successful on probation, they are classified as delinquent. Once this occurs, a judge will decide if they will remain free or be sent to jail pending a violation of probation hearing. At such a hearing, the offender has far fewer rights than if they were simply accused of a crime, as being on probation means the probationer has already admitted guilt. At a violation of probation hearing, the standard of proof – that is, what is required to sustain the delinquency – is far lower than a typical criminal case in that the standard is lower than beyond a reasonable doubt. If the violation is sustained, the judge can re-sentence the probation to anything up to the maximum sentence available for the crime the individual was placed on probation for.
Fast, Decisive Action Is Critical
I understand the laws, procedures, rules of evidence and other policies that apply to parolees and those on probation. My extensive efforts across many areas of criminal defense, together with my vigorous and diligent approach to protecting clients, allows me to provide the zealous representation that is vital to a successful defense.
While the instincts of less aggressive attorneys may be to simply plead for leniency, I am determined to fully defend your case. You have too much at stake not to pursue every piece of evidence that may be useful in preserving your freedom. For a free consultation on your case, contact The Law Office of James E. Tyner, PLLC today by calling 518-783-3800 or emailing me directly.