- Violation of Probation
Violation of Probation
If your probation officer is going to say that you violated a condition of your probation or conditional discharge (often called the “declaration of delinquency”) then call us to discuss your case. Any probation violation comes with serious consequences, which may include being sent to prison to serve the remainder of your term.
Nassau County Violation of Probation Lawyer
Particularly in VOP cases, both felony and misdemeanor, it is important to have an experienced criminal defense attorney fighting to protect you. Don't face the judge, the Nassau County Probation Department and Nassau County District Attorney’s Office alone.
Stephanie Selloni is experienced in fighting violation probation cases in Long Island, including the areas in and around Garden City, Hempstead, Westbury, Floral Park, Mineola, and Nassau county. Call Law Office of Stephanie Selloni today at 516-972-1212 to set up a free consultation.
Info on Probation Violations in Nassau County
- Technical vs. Substantive VOP
- The VOP or Delinquency Hearing
- Conditions of Probation
- Standard Conditions of Probation
- Electronic Monitoring While on Probation
- Payment of Restitution on Probation
- Early Termination of Probation Pursuant to CPL Section 410.90(3)
- Violation of Any Order of Protection in a Domestic Violence Case
- Violation of Probation for Driving Without an Ignition Interlock Device
- Motion to Modify Probation to Allow Travel
- Extradition Proceedings for Violation of Probation Hearings
- Declaration of Delinquency
- The Nassau County Probation Department
- Finding an Attorney for Probation Violations in Nassau County
Alleged violations of probation are classified as either technical violations or substantive violations. Technical violations occur when you did not complete a special term of probation, or when you moved out of the state or county without permission. Technical violations are also common because you did not do something - like failing to report to your probation officer, pay restitution, complete a treatment program or perform community service hours.
A substantive violation occurs when you are arrested for or charged with a new criminal law violation, either a new felony or misdemeanor offense. Both technical or substantive violations can result in the judge revoking your probation and imposed any sentence that could have originally been imposed.
At the violation of probation hearing, the judge must decide by the preponderance of the evidence whether the you violated a condition of probation. Hearsay evidence is generally admissible in probation violation proceedings, although such evidence will not alone support the finding of a violation.
The conditions of probation and conditional discharge under the laws of New York are covered by Article 65 - § 65.10. It provides that the court can set any general or special terms of probation that the court deems reasonably necessary to help the probationer lead a law abiding life.
The court can imposed the following type of special conditions depending on the facts of your case and the underlying charges:
- avoid vicious or injurious habits;
- do not association with disreputable people or place (including any convicted felon or person on probation);
- find suitable employment, attend school or vocational training full-time;
- undergo psychiatric evaluation and complete any follow up treatment including in-patient treatment if recommended;
- participate in a drug or alcohol substance abuse program and successful complete the program;
- successfully complete an intervention program approved by the court;
- participate in a motor vehicle accident prevention course approved by the DMV (usually imposed for traffic infractions for violations of Article 26 when the violation caused death or serious bodily injury to another;
- support your dependents to the best of your ability which includes paying any court ordered child support in a timely manner;
- pay restitution to the best of your ability, including the full payment of all ordered restitution during the term of probation;
- perform community service as a non-profit organization or other organization authorized by the probation officer;
- requirement not to violate any order of protection against domestic violence issued pursuant to Section 530.12 or 530.13 of New York’s criminal procedure laws; and
- for DWI convictions, the probationer will be required to install and maintain an Ignition Interlock Device ("IID") on any vehicle owned or operated by the probationer.
The standard conditions of probation usually imposed by the court include:
- reporting to the probation office to see the probation officer as directed by the court or the probation officer;
- permitting the probation officer to visit the probationer at his home, job or other places of employment;
- remaining within the county unless given permission to leave the jurisdiction of the court by the court or the probation officer;
- answering the probation officer’s questions; and
- giving the probation officer notice of any change in address or employment in advance.
One of the conditions of probation that can be imposed by the court is electronic monitoring. A requirement for electronic monitoring might be granted instead of the court requiring jail time.
Electronic monitoring helps the court imposes more restrictive conditions sanctions (sometimes called “house arrest”) which limit the daily movement of the defendant to his or her home or place of employment. The electronic monitoring equipment allows a third party to conduct surveillance on the defendant and report any violations to the court.
One of the more common reasons for putting an individual on probation is to pay restitution to the alleged victim of a theft, larceny or economic crime. If the full amount of restitution is not paid during the term of probation, then it can result in a violation of probation. The court can even extend the period of probation if restitution is not paid in full.
On the other hand, when restitution is paid in full prior to the expiration of the term of probation the probationer can petition the court for early termination of probation or conditional discharge pursuant to Rule 410.90(3).
The court will require the probationer to continue to pay restitution even if the person to whom restitution is owed dies during the term of probation. In those cases, the court will require the rest of the restitution owed to be paid to the estate of the deceased.
Anyone on probation has the right to petition the court for early termination of probation. These motions are often granted when the probationer has completed all special conditions of probation. In other words, the probationer must show that all court costs and restitution is paid, the community service is completed, all treatment or counseling has been completed, and the probationer is otherwise in full compliance.
The court may also require that the probationer has served at least one-half of the term of probation or conditional discharge originally imposed.
Penal Law Section 65.10(k) provides that the court can order a special condition of probation that requires the defendant not to violation any order of probation issued pursuant to section 530.12 or 530.13 of the criminal procedure law. Any violation of the order of probation can result in a violation of probation accusation and hearing. In addition to the probation violation, additional charges can be brought for an alleged violation of the order of protection.
For any conviction of VTL Section 1192(2) or (2)(a)( or (3) for DWI or any other crime defined by the VTL as an “alcohol related violation” under Article 65 - § 65.10(k-1), the court can require that the probationer install and maintain a functioning Ignition Interlock device pursuant to VTL Section 1198(a). This provision may apply to any vehicle owned or operated by the probationer.
One of the standard conditions of probation under Article 65 - § 65.10(b) requires the probationer to remain in the county unless given permission to travel by the probation office or the court. When the probation officer will not allow the defendant to travel, an attorney might be able to petition the court for a modification of the terms of probation.
These types of hearing are particularly important if a family member dies or is in the hospital, or for work or business purposes. These motions to modify probation also arise when the probationer wants to move out of county or out of state and is not granted permission from his probation officer.
If granted permission to travel out of the county or state while on probation, your probation officer will usually ask you to sign a written “waiver of extradition” form which requires you to agree to waive any extradition proceedings in the event you are arrested out of county or state on a violation of probation.
Section 65.10(b) also provides that when the probationer is given permission to move or travel outside of the state of New York, the defendant must sign a written waiver of extradition agreeing to waive extradition proceedings after a warrant is issued for Violation of Probation issues under Section 410.41 of New York’s criminal procedure law.
If costs are incurred during the process of returning the probationer to Nassau County for the VOP hearing, then the court can collect the reasonable and necessary expenses from the probationer if the court finds that he or she violated probation.
If you are on probation or serving the period of conditional discharge and the court has reason to believe that you violated a condition of the sentence, then the court may declare you delinquent and file a written declaration of delinquency.
The declaration of delinquency is prepared by the probation officer and provided to the court. After the court receives that document, it makes a decision on the request within 72 hours of receiving it. After the filing of the written declaration of delinquency the court must take appropriate action to set a hearing.
The court will cause the defendant to be notified of the time and place of the hearing. The purpose of the hearing is so that the court can make a final determination on the alleged delinquency.
The filing of the declaration of delinquency stops the clock (“tolls”) the period of probation or conditional discharge. That means that as long as the declaration is filed during the period of probation, the fact that the hearing takes place later does not procedurally bar the hearing. See PL § 65.15.
On the other hand, if the declaration of delinquency is filed after the probationary or conditional discharge period expires, then the defendant should file a motion to dismiss because the court no longer has jurisdiction to take any action on the alleged violations.
The mission statement of the Nassau County Probation Department is “the protection of the community through monitoring, controlling and rehabilitating convicted criminals (offenders).” The New York State Division of Probation and Correctional Alternatives establishes the Rules and Regulations that govern the probation department.
The probation department in Nassau County supervises individuals sentenced to probation from its offices in Mineola and Hempstead, N.Y. Probation Officers are responsible for supervising the individual in felony and misdemeanor cases to make sure all of the terms and conditions are completed successfully.
The offices for the probation department are located at:Nassau County Probation Department
Administration and Criminal Division
400 County Seat Drive, Mineola, NY 11501
General Information: (516) 571-5700
If you are concerned about a probation violation in Nassau County then contact an attorney at the Law Office of Stephanie Selloni. Ms. Selloni represents clients on felony and misdemeanor cases in Long Island, including the areas of Garden City, Long Beach, Nassau County and Suffolk County. Call us today at 516-972-1212 to discuss the particular facts and circumstances of your case.