Legal Question in Criminal Law in New York

Re: Felony probation violation

You can be violated for both leaving the state and for being re-arrested.

You can be sent to prison or jail and the amount of time will be decided by the amount of time you could have done if you had been convicted of your crime after trial. In other words, the judge can sentence you "wild" or to the same thing he could have given you had you not had been sentenced at all.

An example is someone who is found guilty of an class "E" felony and gets six months in jail and five years probation. He stays out of trouble for four years and five months. Then in the last month he violates probation. HE can be sentenced to the same 1-4 years he faced when he entered his plea.

If there was a plea bargain or if the jury found someone guilty to a lesser crime, the violation of probation does not reinstate the original charge and the probationer only faces the amount of time he could have received on the charge for which he is on probation.

Re: Felony probation violation

YES, the violation is sometimes taken more seriously than the original crime, there may be a chance for a restoration to probation but this is not a guarantee... you should seek a competent attorney to try and assist you with this case.

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