Ithaca Cortlandville Lawyer Can DWI Probation be Worse Than Jail?
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Uploaded on Jan 20, 2011
My number one job is to protect my clients. Avoiding jail or a long term of county probation supervision and monitoring is part of that protection. I do recognize the value of probation, and when it is appropriate, the services of a probation department can be invaluable to help people.
As an alternative to incarceration, probation supervision allows people to remain gainfully employed, remain with their families, get mental health counseling, and get treatment for their drug/alcohol issues. Probation is a form of supervised release.
These are just some of the "terms and conditions" of a three year misdemeanor or five year felony probation:
1. Report to a Probation Officer or have the Probation Officer make surprise (unannounced) visits to your home or elsewhere (perhaps your job).
2. Remain within the State unless granted permission to leave (No random visits to relatives or friends or potential job opportunities in other states).
3. Be available for questions from your probation officer.
4. You must receive permission (prior consent) from your Probation Officer before you move, change your job, or remain away from home past 12:00am.
5. Refrain from disreputable people or places.
6. Abstain from the use of all drugs (except by prescription), as well as the use of any intoxicating beverages (alcohol).
7. Stay away from all places where (intoxicating beverages) they are sold or served for on-premises consumption. In other words bars, taverns, and even some restaurants that are really "bars with food."
8. You must submit at any time without notice and without a search warrant to a search of your person, residence, vehicle, or other personal property, leased and/or owned that is not your residence and any area under your immediate control and permit seizure of any contraband.
Read the complete blog, "Is DWI Probation Worse than Prison" here:
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 435 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
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