WHAT ARE THE "ORDERS AND CONDITIONS" OF PROBATION
IN NEW YORK?
Or another way to ask that question....what RIGHTS are you LOSING when you're on probation in New York State?
I've attached actual Tompkins County Probation Orders and Conditions for a DWI case... however, I'll go over some of the BIG RIGHTS you Lose on probation...
1. Your Right to Privacy.
-the probation officer can and will enter your home and inspect your stuff, speak to people there, speak to your family, and check out everything in your life. If they find something that you shouldn't have or hear something about a prohibited activity, you can be in trouble. Just like that.
2. Your Right to Travel.
-you must continue to LIVE in the New York State unless you get permission from the court. You're also not allowed to travel anywhere without the probation officer and court's permission. Three years (or more) is a long time to stay in one place.
3. Your Right to be free from Unreasonable Search and Seizure.
-your 4th amendment rights are basically gone. They can search your house, car, etc. Also, the probation department can ORDER YOU to give breath, blood, or urine samples for unannounced drug testing.
4. Your Right to Choose to Participate in Treatment.
-you are REQUIRED to attend any recommended treatment programs during probation. These include mental health treatment, drug and alcohol treatment, anger management treatment, parenting classes, or any other program they want you to attend. It's not up to you anymore.
5. Your Right to Possess or Consume Alcohol.
-Most people do not understand that while on Probation, you are not allowed to HAVE ANYTHING TO DRINK. Ever. It's a big problem for most people who enjoy an occasional drink in the evening after work or socially with friends--even if you won't be driving. If you get caught, then the probation officer can file a violation of probation with the court and you can be re-sentenced to jail or worse.
Bottom line... Probation, in my opinion for most cases, is actually worse than jail.
At least with a county jail sentence, you know how long you will be there...and then it's over. That's it. For felony cases where you are facing State Prison time, probation is usually better.
You can see the Orders and Conditions of Probation below:
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
