Probation and Parole Violation

Albany Criminal Defense Lawyer Focused on Protecting Your Freedom

The conditions of your parole or probation may be so wide-ranging that you do not know or understand them all. In addition, probation and parole officers have been known to make mistakes, jump to conclusions and even lodge unfounded allegations. If your status and freedom are at risk, please contact us today to discuss your situation and possible defense options.

The Stakes May Be Even Greater Than You Realize

Whatever the basis for a threat to your probation or parole status, it is critical to take the situation seriously. A violation of any condition of your release can expose you to:

• The maximum sentence for your original criminal offense — without credit for the time you spent on probation
• A return to state prison for the remainder of your parole period

You are entitled to a hearing and/or appeal to contest any alleged parole or probation violation. Too many people facing this extremely difficult situation either attempt to handle it on their own or delay seeking counsel from an experienced attorney until it is too late.

Probation FAQs

What is Probation?

Probation is used as an alternative to incarceration to address goals and issues of someone convicted of a crime which can best be served in an “out of jail” arena.

Probation can be as short as one year, and can last as long as 10 years.

What are My Obligations While on Probation?

The obligations while on probation vary, but depend on why the offender is placed on probation and what needs must be addressed and resolved while the person is on probation.  For example, if someone is placed on probation for an assault conviction, they may be required to attend an anger management class to help address anger issues or conflict resolution.

Generally speaking however, all Probationers must regularly meet with their Probation Officer, remain arrest-free during the course of probation and abide by all reasonable terms imposed on them by the Court or Probation Department.

What Happens if I am Not Successful on Probation?

If someone is not successful on probation they are classified as “delinquent.”  Once this occurs they are brought before a Judge who decides if they will remain free or be sent to jail pending a Violation of Probation Hearing.  At such a hearing, the offender has far fewer rights than if they were simply accused of a crime, as being on probation means the Probationer has already admitted guilt.  At a Violation of Probation Hearing, the standard of proof, that is, what is required to sustain the delinquency is far lower than a typical criminal case in that the standard is lower than “beyond a reasonable doubt.”  If the violation is sustained, the Judge can resentence the probation to anything up to the maximum sentence available for the crime the individual was placed on probation for.

Rather than Asking for Mercy, We Will Prepare Your Case

At The Law Office of James E. Tyner, PLLC, James E. Tyner understands the laws, procedures, rules of evidence and other policies that apply to parolees and those on probation. His extensive efforts across many areas of criminal defense, together with his vigorous and diligent approach to protecting clients, provides zealous representation which is vital to a successful defense. 

While the instincts of less aggressive attorneys may be to simply plead for leniency, James E. Tyner is determined to fully prepare to defend your case. Simply stated, you have too much at stake not to pursue every piece of evidence that may be useful in preserving your freedom.

Fast, Decisive Action Is Critical

If you have been accused of a probation or parole violation, the wheels of our system may turn quickly. I encourage you to take immediate action aimed at preventing an injustice and avoiding an extremely adverse outcome.

For a free consultation on your case, contact the Law Office of James E. Tyner, PLLC today by calling us at 518-363-6305 or emailing us directly.