AVOIDING JAIL or HIGH BAIL in New York:
Using Pre-Trial Supervison
by the Probation Dept.
Just a few weeks ago, the Probation Department issued a new handbook on Probation procedures for DWI cases. It is a very lengthy handbook that covers all manner of situations from the basic to the more involved...
here is the link: http://www.criminaljustice.ny.gov/opca/pdfs/probation-practitioner-handbook-mgt-of-dwi-offender.pdf
USING PRE-TRIAL SUPERVISION AS AN ARGUMENT TO AVOID JAIL BEFORE A TRIAL or HIGH BAIL
As a DWI defense attorney, I'm always on the look-out for arguments that can help my clients avoid jail time. In this instance, the probation handbook actually makes a couple good ones for me.
They encourage the Court to use "pre-trial supervision by probation dept" to ensure compliance with court orders and to even go so far as to have a defendant install an Ignition Interlock device PRIOR TO SENTENCING. In some counties, that happens frequently, in Tompkins and surrounding counties (except Chemung) it does not.
Here is the excerpt below from the Probation handbook: (i've highlighted the sections we could use in arguments to a Judge)
Section III. Pre-Trial Supervision
Pre-trial supervision can be an effective means of ensuring that offenders return to court, while
reducing unnecessary reliance on jail incarceration. By allowing defendants at low risk of absconding
to return to the community while awaiting trial, and with the approval of the court, defendants can be
effectively screened and assessed for alcohol dependency, and become engaged in treatment at a
critical time when the incentive for changing behavior is its greatest. Pre-trial supervision services
can provide a very effective opportunity for the offender to change behavior and allow information to
be promptly reported back to the court that can benefit the offender at sentencing. In addition to the
benefits of early engagement, pre-trial supervision can provide an excellent source of information
which may be utilized at the pre-plea or pre-sentence, and post-conviction supervision stages.
Pretrial
staff commonly interview defendants while they are held or detained in police lock-ups or local
jails. Typically, pre-trial staff utilize pre-trial screening assessments, questionnaires, and criteria to
determine a defendant’s risk of failing to appear before court. In the case of DWI defendants, the pretrial
agency may wish to focus on issues specific to this population.
Some DWI specific issues for
screeners to note may include:
• Does the person currently have a valid driver’s license?
• Does the person own or have access to a vehicle?
• Does the person have a history of treatment
Having a license and access to a vehicle may provide an increased opportunity for flight. However,
the release of a defendant also presents specific opportunities for monitoring license and vehicle
activity.
If a defendant is actively in treatment, the supervising officer/agency can coordinate with the
defendant’s treatment provider to inform the treatment plan, and seek modification of conditions of
supervision from the Court.
Chapter 169 of the Laws of 2013, signed by Governor Andrew M. Cuomo on July 26, 2013, amended
Vehicle and Traffic Law (VTL) §1193 for defendants who committed their offenses on or after
November 1, 2013, recognizing the imposition of Ignition Interlock Devices (IIDs) to be installed prior
to sentencing as a preventive measure.
THE LOGIC IS SOUND.
For low risk of flight offenders --or even those with some risk of flight--probation supervision is a good alternative to being in jail awaiting trial. Trials and the criminal court process takes months. The probation manual itself provides some good reasons why jail would be counterproductive to somebody faicing a DWI or DWAI Drugs charge.
If they need alcohol or drug treatment, then jail is not the answer anyway. In terms of making good defense arguments, if somebody is on pre-trial supervision and their driving is being monitored--then that can only help ME (the defense attorney) when making the argument that the DWI was an aberration --not a pattern of behavior.
If you have questions about a DWI or DWAI drugs case, call us: 607-229-5184
Email: mike.ithacadwi@gmail.com
By Mike Cyr
Cyr & Associates 2015
www.ithacadwi.com
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