Probation and parole are very unique areas of law. Probation is different from parole. Probation is something that occurs after a person has been convicted of a crime, and in lieu of a jail sentence or a prison sentence, that person is placed on probation. New York probation can go anywhere from two to five years for a standard crime, or up to ten years for a sex crime. While on probation, a person is going to have to follow a set number of conditions mostly imposed by the judge, some separately imposed by probation. If a client doesn’t like a condition, or finds a condition to be too onerous, I can be contacted and I can try to arrange to have the condition modified or deleted. If a person violates a condition or is accused of violating a condition, that person is brought before a probation violation judge, and then the judge will determine whether or not she or he has violated, and if so what the punishment should be.
On the flip side, if a person is doing well on probation, would behoove the person to meet with me and discuss filing an application to terminate probation early. A person who no longer is in needs of the services of probation, a person who is not a danger to the community, and a person who has diligently complied with the rules and conditions of probation, under law is entitled to an early release. I make these motions and argue them, my clients should be released.
I have a lot of experience because I was a probation officer for years. That’s how I first became interested in working in parole and probation defense work. When I became a criminal defense lawyer, I started taking a lot of parole and probation cases. A lot of times my interpret with the parole officer and the probation officer is very similar. I’ve always been able to communicate well with parole officers, and I just have a lot of experience doing it.
When a person is considering hiring that lawyer, it’s very important that person know that the attorney has experience in probation law. It’s very important that, that person have experience in that, and that, that person work hard for the man. A person really needs to find someone who will, yes absolutely put in the hard work, roll up their sleeves and do the job, but also know what job he is doing. Know what kind of work specifically goes into it. That’s what I bring to the table when someone hires me for their federal criminal case.