Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: When it comes to probation, what are common mistakes that can result in your clients getting into trouble that they are possibly not aware of?

Some Probationers Take the Terms of Their Probation Too Lightly

Mike Kramer: There are probationers who treat probation too lightly and don’t report to the probation officer on time or miss dates of reporting. There are employment conditions that they may not follow. There are changes of address requirements that they may not take too seriously.

There are travel restrictions, which we just referred to that they may take too lightly. All of these issues can result in a violation of probation being filed.

Any Probation Violation Exposes the Probationer to Potentially Harsher Penalties and the Expense of Retaining an Attorney

These are not the most serious violations and certainly I would think a judge would be pretty hard-pressed to impose a jail sentence for violations of such minor conditions. However, you don’t want the probation to be filed because it exposes you to a harsher penalty and additional expense with regard to retaining an attorney to defend the violation of probation.

Attorney Kramer Advises His Clients to Be Proactive Regarding Potential Probation Violations

What I always tell clients who are given probationary sentences is, “If you sense that there’s any conflict developing, any problem developing between you and your probation officer, don’t wait for it to come to a head and have a violation of probation filed. Call me and I will act as a go-between between you and the probation officer to try to iron out the problems and keep it from getting to court.

Advice on Successfully Fulfilling the Terms of Your Probation

Interviewer: Is there any additional advice you want to relay about probation?

Each Probationer Should Examine the Probation Conditions to Realistically Assess If They Can Abide by Them

Mike Kramer: I think a probationer has to be very realistic as to whether they feel that they can follow the conditions of probation. I say that specifically applies to people who have substance abuse problems.

I see many young adults in their late teens or early 20s who have various drug problems. They accept the probation sentence and we discuss with them and their family whether they really feel that they can follow the conditions of probation, mainly to remain drug or alcohol-free because they’re going to be subject to testing. They’re going to be tested when they go to their treatment programs. They’re going to be tested when they appear for their probation appointment.

Probation Is Not Always the Best Option for Every Individual, Especially Those with Substance Abuse Problems

If they don’t feel that they can stay off drugs, then probation may not be the best option for them because they will constantly be going back and forth to court on those violations.

While Opting for a Brief Jail Stay Instead of Probation Is Not Decided by the Defendants because the Judge Imposes the Penalties, in Some Cases It Is a Better Penalty Option than Probation

Finally, if they can’t stay drug-free, it will result ultimately in a jail sentence. That’s not to say that the alternative is any better but there are many probationers and many clients I have who say, “You know what, if it’s a matter of 30 or 60 days in jail rather than three years on probation, I would rather do that and be off probation than have the probation officer following me around for three years and always have this violation over my head.”

Not that they’re going to be given the option all the time whether to do 30 or 60 days or probation but in my experience, the hardest conditions to follow are remaining drug- or alcohol-free.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161