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So How Long Do I have to be on Probation?

Probation Syracuse NY

Most clients who are charged with a crime fear they will receive the worst possible sentence: jail time. However, depending on their particular backgrounds, most cases are able to be resolved without the client doing time. One common alternative to incarceration that is often utilized by the court is a sentence of probation supervision.

Get the defense you need for your criminal charge. Seek probation!

What is Probation?

Probation is seen as an alternative to incarceration. Probation is unique to each case and the terms and conditions of the supervision will vary, but often include mandatory reporting to a probation officer, restrictions on a person’s travel, mandatory alcohol/drug counseling, prohibitions on owning weapons and drug screening among other things.

New York Felony Probation

When discussing a possible resolution of a criminal case with a client where the option of probation has been proposed, we are always asked how long the person must be under probation supervision. The New York Penal Law specifies how long a sentence of probation imposed by a judge must be, depending on the level of offense a person is convicted of. For most felony offenses (where a sentence of probation is authorized), the term must be for 3, 4 or 5 years. For felony sex offenses, probation could be 10 years.

What is Misdemeanor Probation?

The duration of probation for a misdemeanor is different depending on the crime:

  • Class B misdemeanors: probation is up to 1 year
  • Class A misdemeanors: probation is up to 3 years
  • Unclassified misdemeanor (such as DWI): probation is up to 3 years
  • Miesdemeanor sex offenses: probation is up to 6 years

Probation Supervision May Not Required

While the law specifies how long a period of probation a judge must impose, that does not necessarily mean that a person placed on probation will be supervised for the entire period. Quite often, particularly for first-time offenders, the responsible probation officer may ask the sentencing judge to discharge a person from probation supervision before their maximum time has come. If a probationer has been compliant with all terms and conditions of their probation and met whatever other conditions may have been imposed (e.g.-the full payment of restitution to the victim), they may be granted an early discharge from probation supervision.

Get Legal Counsel for Your Probation Needs

If you are facing the prospect of being placed on probation, the experienced attorneys at Team Green Lawyers can advise you not only on what to expect but also the best strategies in limiting your time on probation and being successfully discharged early from the watchful eye of probation.

Contact our Syracuse, NY probation lawyers today for a FREE consultaiton!