Are You Not Entitled to Some Constitutional Right While on Probation?

Interviewer: What are my rights as a probation client? Do I even have any? For instance, the Fourth Amendment, where they are able to search if you’re on probation. They can search you anytime.

 You Do Forfeit Your Right Protecting You against Illegal Search and Seizure

Mike Kramer: Well, right is a general term. You still have the right to vote under certain circumstances. With regard to with your rights, you do give up many of those rights; mainly the search and seizure right. The probation officer is fully entitled to come into your house and perform a search if it’s relevant to the particular conditions of probation that are set, so you give up those rights.

 Are There Differences between Felony Probation and Misdemeanor Probation?

Interviewer: Now, is there a difference between felony probation and misdemeanor probation as far as some of those rights go?

The Terms of Probation Will Vary If the Individual Is Convicted of a Felony or Misdemeanor Offense

Mike Kramer: Not as far as the rights go but as far as the term of probation. For example, I indicated previously, based upon the crime you’re convicted of, various lanes of probation that are an option for a judge. They range anywhere from a class-D misdemeanor of one year probation, class A-misdemeanor three year probation to five years felony probation.

These lanes of probation are mandatory and the judge doesn’t have any discretion, although I understand there are bills before the New York legislature to allow a judge to have more discretion regarding to the length of probation that he or she can impose. That’s always a possibility in the future but now, it’s either a term of one year, three years or five years.