What Happens If You Are Arrested While On Probation In New York

Interviewer: Now, what should I do if I am re-arrested while serving a probation sentence? I’ve heard you automatically have to report any contact with the police as a part of your probation. If I am re-arrested, what’s going to happen?

If Are Re-Arrested, Attorney Kramer Advises Contacting Your Attorney as Soon as Possible

Mike Kramer: Not any contact with the police, only those that are referred in your conditions of probation. Usually those that result in a re-arrest. The first thing you should do if you have any question is to contact an experienced criminal defense attorney because a good criminal defense attorney is like the conductor. He coordinates everything with regard to your defense. Not only does he defend the new crime that you are charged with but he will notify your probation officer, and work with probation to possibly hold off the filing of a violation of probation.

If You Are Re-Arrested While on Probation, Are You Eligible for Bail?

Interviewer: If I am arrested while on probation, am I still able to post bail in order to be released? Is that going to be something that I will need my attorney to coordinate for me?

Mike Kramer: On the new charge you will be eligible for bail as you would be if you have to appear an a separate violation of probation (VOP) charge. The real question is the amount of bail that will be set on an arrest while on probation.

Your Current Legal Status Does Factor into a Judge Setting Bail

If you’re on probation, the judge is going to take that into consideration in setting bail and perhaps set a higher bail than if you are not on probation. It affects your ability to be released on the new charge.

In addition, if a violation of probation is filed, you will appear before the judge or the court that originally imposed the probation and they’re going to set bail on the violation of probation. Judges are much less likely to be lenient and the bail amounts are usually higher on violations of probation. The amount usually depends on the nature of the violation and recommendation of you probation officer.

What Transpires If You Meet Bail for the New Offense While on Probation?

Interviewer: Now, I was just released from custody on bail, what is my next step then? As my defense attorney, you have touched base with the probation officer. What’s going to happen next?

You are ultimately entitled to a VOP hearing which is similar to a trial except the issue is not guilt or innocence to a crime but whether you violated certain conditions of probation. Prior to that a good attorney will discuss with you probation officer whether it is possible to cure the violation without a hearing or work out a suitable plea bargain on the VOP.

It Is Important to Re-Establish Any Relations with the Probation Officer or Treatment Center While Your Probation Violation Case Is Pending

It’s always better to be released pending the violation of probation so that you can work to cure the violation. For example, if you missed probation appointments, you can begin to develop a new attendance record. If you were dropped from a treatment program, we can work to have you re-admitted. However, if you are incarcerated and not out on bail, you do not have that opportunity. It is thus very important to make bail on a VOP.