Legal Question in Criminal Law in New York

probation - residence and employment requirements

I am looking for information re: residence and employment requirements for someone on probation.

Background: 41 y.o. male, prior arrest record (10+ years ago) but no conviction, charged in 2005 with assault and resisting arrest. acquitted on the assault charge; convicted on resisting arrest; sentenced to 3 months incarceration (served) and 2 years probation. terms of probation stipulate he must (1) be gainfully employed and (2) never step foot near the address where alleged assault occurred -- which place happens to be his family home (grandmother's home), where he previously lived for 12 years.

Situation: probationer has been evicted from rented room and because of this P.O. now says he is now a ''transient.'' probationer is also a professional (IT consultant), but he has had difficulty getting clients since returning from jail, so P.O. now says he is effectively unemployed.

Question: What happens if a probationer is evicted or unemployed? Can he be sent back to jail? P.O. has said that there will have to be an administrative hearing, but i can't figure out what happens there or what the results could be.

Thanks for any help you can give.


Asked on 4/13/06, 3:59 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: probation - residence and employment requirements

IN short YES the parolee/probationer may be sent back to jail for a violation. It is impreative that you get counsel to represent you because it could mean the difference between going back to prison or being placed back on probation/parole. The reason I use probation/parole is because it seems moreso that the individual is on parole than on probation from your description.

Feel free to contact me regarding this, or any other, matter.

Carlos Gonzalez, Esq.

phone: 7185419077

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Answered on 4/13/06, 4:43 pm


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