Legal Question in Criminal Law in New York

Default New York State Order and Conditions of Probation

My question involves criminal law for the state of: New York.

In May of 2010 I plead guilty to Criminal Contempt 2nd, a misdemeanor. Last year I had a domestic incident and had an order of protection against me. My girlfriend plead with me to come back to my house and months later called me in again and I had another assault charge, along with a felony contempt charge. In May I accepted the misdemeanor charge with a fine and 3 years of probation.

Since then, I completed intensive alcohol rehabilitation, and have taken great steps to rebuild my life. I met someone who I have a healthy positive relationship with, but out of shame neither of us told the other we are on probation until recently. She has a year left on hers for an old DWI, and has no terms regarding contact with another on probation. I on the other hand have clear language forbidding me contact with a person on probation.

With 2 and a half years left on this probation and my life finally getting healthy again, I want to follow the rules of my probation, but Im not prepared to give this relationship up. My question is, what would a violation at this point mean for me? It means enough to me that I would do some jail time to not lose this relationship. Anyone with any advice, or insight right now would be greatly appreciated. This is an incredibly hard situation, my recovery and living a healthy life mean everything to me, but so does this relationship.


Asked on 10/08/10, 2:00 pm

1 Answer from Attorneys
Daniel Conti The Law Offices of Daniel A. Conti,P.C.

You have a responsibility to abide by the conditions of your probation. If you violate the terms of your probation, a court can sentence you to the maximum penalty allowed for the crime to which you were convicted. It would be a good idea to hire a lawyer, explain the situation to the lawyer, and bring a motion before the sentencing judge to have the terms and conditions of your probation modified. It is certainly not worth the risk to violate the probation order.

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Answered on 10/13/10, 3:32 pm


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