What Is Probation?

Interviewer: We’re going to cover probation violations and the first question I’m going to ask you is that once anew client has hired you as their attorney, how would you explain probation to a client that’s never been in trouble with the law before?

Probation Is a Sentence That Is Imposed by a Judge and Can Entail a Number of Different Conditions

Mike Kramer: Probation is a sentence that’s handed down by a Judge. A Judge has many alternatives when it comes to sentencing. He or she can impose a jail sentence. He or she can give a fine. He or she can impose a conditional discharge which means unsupervised probation and the individual must stay out of trouble.

In Westchester County, Probation Is Supervised by the Westchester County Department of Probation

The Judge can order various conditions of community service along with the probation. Probation is supervised by the Westchester County Department of Probation. There are various terms of probation depending upon what an individual is found guilty of, but basically it includes reporting to a probation officer and following any number of conditions set forth at the time of sentencing.

Examples of Various Conditions of Probation

Interviewer: What would some of those rules or conditions be?

Conditions of Probation Are Tailored to the Specific Individual and Include Reporting to a Probation Officer and Maintaining Employment; Others Can Be Quite Restrictive

Mike Kramer: There are various conditions of probations, standard conditions and unspecific conditions that are tailored to the individual and the crime involved and what the individual’s needs are. The standard conditions include staying out of trouble, reporting to the probation officer, and maintaining employment. Other conditions commonly ordered are that the individual doesn’t frequent places of ill repute, doesn’t socialize with people with criminal records, and conditions of that nature. They’re pretty mundane and pretty easy to follow.

Tailored conditions, depending upon the type of crime can be very strict. Sex offender conditions which are unbelievably absurd in my opinion include being prohibited from using a computer and being in a room with children, depending upon the offence you’re convicted of. You have to wear some sort of a monitor that monitors your sexual excitement level at times.

Conditions of Probation for Sex Offenders Are Generally the Most Restrictive

For example, if you’re on sex offender probation, you shall undergo and pay for psychological and psychiatric evaluation including psychosexual evaluation. You shall participate in and successfully complete a sex offender treatment program approved by the Department of Probation. You shall not hitchhike or pick up hitchhikers. You shall reside within Westchester Country certainly.

You shall not engage in sexual contact or activity with any individual less than 18 years of age. You shall not be alone with any child under 18 years of age unless an adult is at present and who is aware of your history of sexually offending behavior and has been approved as a chaperon by the probation department.

You shall not expose the private or intimate parts of your body in a lewd manner or commit any other lewd act in public. You shall not linger or loiter or spend time at locations where person under 18 years of age are likely to be present. You cannot associate with convicted sex offenders.  These are examples of some of the conditions and there are much worse than that as time goes on.

Interviewer: The conditions are extremely restrictive.

Mike Kramer: That is correct. By the way, if they find out you’re staying in your house they will pay a house visit and search for any sexually explicit materials.  I’ve had clients who are subject to a violation being filed because they found an issue of Playboy in their house

You can’t buy certain books. The conditions for sex offenders are the most restrictive. Other conditions which are more common are conditions tailored to drug treatment.

Interviewer: If an individual is ordered to stay away from other criminals, does that include people convicted of misdemeanors?

Mike Kramer: That’s basically a general condition of probation that you can’t frequent with people who had led a life of crime and can be a bad influence on you. There is really no way to monitor that, so it’s really a condition that’s not followed strictly.