Parole, Probation, Release Probation violation hearing in New York State

[Light]

My friend (yes really, my friend, lol) is on probation for a felony conviction that occurred in 2009. She is coming up on the end of the sentence as of December I believe. She pays restitution and visits with her P.O. twice a month. Last week, her Po told her to watch her mail for a court date. The officer said it was about her restitution and that there was no way she could finish paying it by the end of her probation term. She had court yesterday and asked for another court date so she could secure legal counsel and the judge granted it (she goes back on 6/27/2014). At the hearing, though, she found out that this was a violation hearing that was bringing up every date she missed with her PO or was late for, or whatever... like everything that could be considered a violation.

She has legit reasons for all of these missed appointments, like being in the hospital (she has a chronic condition that has her hospitalized often). But yesterday at court, she said the judge did not seem to want to hear anything like that. The state says "Ms. so and so did not report for her appointment on blah blah blah different dates" and he took it as gospel. I am not sure how New York state works with this kind of thing, but I am really worried for her. What can she expect? Her lawyer is too busy I guess and doesn't get back to her very often... (she actually has counsel and to buy time asked for another date (under his advice) saying she was hiring a lawyer.) He hasn't called her back and she is sitting there pretty much expecting she will be in jail after the next court date.

I am a paralegal studies student in another state and I have tried reading the laws but I can't find anything that will tell me what to expect. If anyone has any insight for me so I can maybe calm her down that would be great. I hope I've left enough detail for you to understand the situation. Thanks for anything you can tell me!

 

[army judge]

A probationer is a virtual prisoner.
Anything a probationer does that violates the terms of his or her probation, can and will be used against the probationer.
A probationer is told, reads, and signs documents indicating they fully understand the terms of their probation.
I've also found that probationers not comp,ting with the terms f the agreement lie about why they didn't do this or that.
A probationer is required to do everything they voluntarily agreed to do.
There's a little wiggle room, insofar as restitution is concerned.
But, if you agreed to pay $100 and ave paid $5.00 over five years, that's a problem.
No one can say what will transpire for your pal.
In cases like this one, I've seen most people get revoked.
Unless your pal was in a coma for six weeks a d hospitalized, failure to notify her PO (or have someone do it for her) is inexcusable in the eyes of the PO.

Here, read what NY state's probation rules have to say about this:



http://www.criminaljustice.ny.gov/opca/general_faq.htm



http://www.probationviolation.org/felonyprobation.html




http://www.nyshumane.org/manual/factSheets/jailProb.htm



......

 

[Light]

Hi there army judge. I've read your posts and you definitely know your stuff. Thanks for answering.
My friend actually was hospitalized for several months and almost didn't make it at one point during that time. I don't think this is the only time she violated her terms though so I am not very hopeful for her to be honest. She claims to have kept records for any appointments missed, such as original documentation and fax confirmations to her p.o. and the like for hospital related missed appointments. If this is the case, and she has these things to back her up, is a judge going to hear this? I mean, I know you don't know but I value your thoughts.
She told me the judge was very short with her and basically said she was lucky her p.o. asked for the hearing instead of just hauling her in.

Thanks for your thoughts!

 

[army judge]

Hi there army judge. I've read your posts and you definitely know your stuff. Thanks for answering.
My friend actually was hospitalized for several months and almost didn't make it at one point during that time. I don't think this is the only time she violated her terms though so I am not very hopeful for her to be honest. She claims to have kept records for any appointments missed, such as original documentation and fax confirmations to her p.o. and the like for hospital related missed appointments. If this is the case, and she has these things to back her up, is a judge going to hear this? I mean, I know you don't know but I value your thoughts.
She told me the judge was very short with her and basically said she was lucky her p.o. asked for the hearing instead of just hauling her in.

Thanks for your thoughts!

Hi Light:
The biggest thing she has going for her is the poor economy and your state's big prison population.
Most judges see probation as a contract between the person and the bench.
When probationers violate the contract, those judges are perturbed at the slight.
As all should know, probation isn't a right, it's a privilege.
If her original charge is some small (in the overall scheme of things) drug beef or theft to feed her drug habit, she'll likely receive a tongue lashing and get reinstated. She may end up doing six or eight more months with an admonishment of incarceration if she has one more slip up.

Hard to say, but even if she did get prison, most of the time it's a 90 to 180 day lockdown and then release.