Legal Question in Criminal Law in New York

Misdemeanor Violation of Probation

I was convicted of a misdemeanor DWI on 7/7/04 and sentenced to 3 years probation. During 8/06, I submitted 3 positive urine screens and a VOP was filed. On 10/4/06 I appeared in Court and was remanded to jail. 8 days later I was given an ''alternative to incarceration'' and moved to a minimum security facility to allow me to enter an intensive outpatient day program. The VOP has been adjourned on a monthly basis since then to monitor my treatment progress. If I hadn't been violated, I would have completed probation 7/7/07. However, on 7/11/07, the matter was adjourned again to 11/7/07. Do I have any recourse in getting this dismissed due to time constraints based on that I should have completed probation or that the motion will have been filed over a year if resolution doesn't take place until the 11/7/07 Court date.


Asked on 8/02/07, 6:42 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Misdemeanor Violation of Probation

Nope, The time period of your probation is tolled pending the outcome of your violation. If you are restored to probation after the November court appearance, you would techincally have about another year on probation to do.

Sorry. Good Luck with the program.

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Answered on 8/07/07, 12:35 am


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