Unsupervised probation is a form of probation that offers individuals the opportunity to serve their probation period without the regular monitoring of a probation officer. This type of probation differs from supervised probation, where individuals have more oversight and are required to regularly report to a probation officer. Typically, unsupervised probation is granted to low-risk offenders who have demonstrated good behavior and are not considered a threat to society. It provides individuals with more freedom and flexibility while still having to adhere to specific probation terms and conditions.

For example, consider a low-risk offender who has been convicted of a non-violent misdemeanor offense such as petty theft. This individual, if deemed suitable, may be granted unsupervised probation based on their low-risk profile and the non-violent nature of the offense. In this scenario, the court may determine that the individual can fulfill their probation requirements without the need for constant monitoring by a probation officer. This illustrates how unsupervised probation caters to individuals with a low-risk profile and provides them with the opportunity to serve their probation with a higher degree of independence.

Eligibility for unsupervised probation is influenced by factors such as the severity of the offense and the individual’s criminal history. It is essential for individuals facing unsupervised probation to consult with a criminal defense attorney to understand their rights and responsibilities, as well as to receive guidance on the legal aspects of the probation process.

How Unsupervised Probation Works

When individuals are granted unsupervised probation, they are not required to report to a probation officer but instead report directly to the court. This means that they do not have regular meetings with a probation officer, which can be seen as a benefit compared to supervised probation. The terms and conditions of unsupervised probation typically include various requirements such as not committing new crimes, attending progress reports at the court, paying fines, and possibly performing community service. For example, a person on unsupervised probation for a misdemeanor offense might be required to pay restitution to the victim and attend court-mandated counseling sessions.

Moreover, the process of unsupervised probation can vary by jurisdiction, with specific rules and regulations set by the court. For instance, in some jurisdictions, individuals on unsupervised probation may be required to periodically check in with the court to provide updates on their progress and compliance with the probation terms. This illustrates the importance of understanding the specific requirements and expectations associated with unsupervised probation, as they can differ based on the jurisdiction and the nature of the offense.

One of the key benefits of unsupervised probation is the potential cost savings for the individual. Unlike supervised probation, where individuals may have to pay supervision fees, unsupervised probation eliminates this financial burden. However, it’s crucial to emphasize that individuals on unsupervised probation must still adhere to the specified probation terms to avoid potential consequences. If they fail to comply with the conditions of unsupervised probation, they could face stricter probation terms, be placed on supervised probation, or even be subject to jail time as a consequence of violating their probation terms.

Differences Between Unsupervised and Supervised Probation

Unsupervised probation differs from supervised probation in several key ways, primarily in the level of monitoring and oversight. Individuals on unsupervised probation are required to report directly to the court, rather than having regular interactions with a probation officer. This means that they have more independence in managing their probation terms and conditions. On the other hand, those on supervised probation are subject to more stringent monitoring by a probation officer, requiring regular check-ins and compliance with specific terms set by the court.

For example, an individual convicted of a low-level misdemeanor offense, such as petty theft, might be considered a suitable candidate for unsupervised probation. Given the non-violent nature of the offense and the absence of prior criminal history, the court may determine that this individual can responsibly fulfill their probation requirements without constant supervision. Conversely, a person convicted of a more serious felony, such as armed robbery, may be placed on supervised probation due to the higher risk they pose to the community, necessitating closer oversight and support to ensure compliance with the terms of their probation.

Additionally, the potential benefits of unsupervised probation, such as less frequent monitoring and more flexibility in fulfilling the conditions, make it an attractive alternative for individuals who have demonstrated good behavior and pose a low risk to society. Conversely, supervised probation is usually reserved for individuals with a higher risk level, as it allows for more intensive monitoring and support to ensure compliance with the terms of their probation.

Moreover, the differences between unsupervised and supervised probation can also impact the level of support and resources available to individuals during their probationary period. For instance, individuals on unsupervised probation may have more autonomy in fulfilling their probation requirements, whereas those on supervised probation may receive more structured guidance and assistance from their probation officer. This highlights the importance of understanding the distinctions between the two types of probation and their implications for individuals serving their probationary period.

Eligibility and Considerations

Eligibility for unsupervised probation is determined based on several factors, including the severity of the offense and the individual’s criminal history. For example, low-risk offenders who have committed non-violent, low-level felony or misdemeanor offenses, or first-time offenders, may be considered eligible for unsupervised probation. Additionally, courts may reserve unsupervised probation for individuals who have demonstrated good behavior and are not deemed a threat to society. This type of probation is often seen as a second chance for individuals to rehabilitate and reintegrate into society without the need for regular monitoring by a probation officer.

When facing unsupervised probation, it is essential for individuals to seek the guidance of a criminal defense attorney. An attorney can provide valuable assistance in navigating the legal complexities, contesting charges, and presenting a strong defense to increase the chances of receiving unsupervised probation. Additionally, legal counsel can help individuals understand the specific conditions and obligations associated with unsupervised probation, ensuring they are fully aware of their rights and responsibilities during the probationary period. By consulting with an attorney, individuals can gain a deeper understanding of the legal implications and potential consequences of unsupervised probation, empowering them to make informed decisions and take proactive steps to comply with the terms of their probation.

In addition to legal guidance, individuals should also consider the potential impact of unsupervised probation on their personal and professional lives. For instance, the flexibility offered by unsupervised probation may present opportunities for individuals to pursue educational or vocational goals, engage in community service, or seek employment without the constraints of regular probation officer meetings. Understanding the implications of unsupervised probation on various aspects of life can help individuals make informed decisions and effectively plan for the successful completion of their probationary period.

In summary, the severity of the offense and an individual’s criminal history play a significant role in determining eligibility for unsupervised probation. Seeking legal counsel from a criminal defense attorney is crucial for individuals facing unsupervised probation, as it can provide invaluable support in navigating the legal process and ensuring a comprehensive understanding of the rights, responsibilities, and potential outcomes associated with unsupervised probation.

Understanding Unsupervised Probation in California

In California, unsupervised probation allows individuals to serve their probation without regular monitoring by a probation officer. This means that individuals are not required to report to a probation officer and are responsible for self-reporting their adherence to the terms of their probation. For example, if someone is on unsupervised probation in California, they may be required to attend counseling sessions, pay fines, or complete community service, but they do not have to regularly meet with a probation officer for check-ins or monitoring.

The eligibility for unsupervised probation in California is typically reserved for low-risk offenders who have demonstrated good behavior and are not deemed a threat to society. This could include individuals who have committed low-level misdemeanor offenses or non-violent, low-level felony offenses, as well as first-time offenders who do not have a significant criminal history. It’s important to note that while unsupervised probation does not involve regular monitoring by a probation officer, individuals are still required to adhere to the terms and conditions of their probation. Failure to comply with the terms of unsupervised probation in California can result in more severe consequences, including potential jail time, so it’s crucial for individuals to take their probation obligations seriously and fulfill all the required conditions.

Furthermore, the specific regulations and guidelines governing unsupervised probation in California may vary based on the jurisdiction and the nature of the offense. For instance, individuals serving unsupervised probation in different counties within California may encounter variations in the reporting requirements, probation terms, and available support services. Understanding these variations can help individuals effectively navigate their probationary period and ensure compliance with the specified conditions.

Rights and Responsibilities of Individuals on Unsupervised Probation

Individuals on unsupervised probation have specific responsibilities and obligations while serving their probation. These may include adhering to curfews, refraining from contacting the victim, and fulfilling community service requirements. It is essential for individuals to understand and comply with these conditions to ensure successful completion of their probationary period.

Moreover, individuals on unsupervised probation have the right to seek legal advice and representation, especially when facing challenges or uncertainties about the terms of their probation. For instance, if an individual believes that the conditions of their unsupervised probation are unreasonable or unclear, consulting with a criminal defense attorney can provide valuable guidance and legal insights. This legal assistance can help individuals navigate the complexities of their probation, ensuring that they understand their rights and fulfill their responsibilities effectively.

In addition to understanding their rights and responsibilities, individuals on unsupervised probation should also be aware of the potential consequences of non-compliance. By recognizing the implications of violating the terms of their probation and the associated repercussions, individuals can make informed decisions and take proactive steps to ensure adherence to the specified conditions. This comprehensive understanding can empower individuals to actively participate in their probationary period and fulfill their obligations effectively.

Moreover, individuals should also be cognizant of the potential impact of unsupervised probation on their personal and professional lives. Understanding the balance between probation requirements and other responsibilities can help individuals effectively manage their obligations and make informed decisions about their daily activities. By recognizing the interplay between their rights and responsibilities, individuals can navigate their probationary period with a comprehensive understanding of the implications and potential outcomes.

Consequences of Violating Unsupervised Probation

Violating the terms of unsupervised probation can have serious repercussions for individuals, potentially resulting in stricter probation terms, conversion to supervised probation, or even incarceration. For example, if an individual on unsupervised probation fails to meet the conditions set by the court, such as maintaining a curfew, attending counseling, or paying fines, they may face more stringent probation requirements as a consequence. This could involve additional reporting to a probation officer or stricter monitoring of their activities to ensure compliance.

Furthermore, in cases of repeated or severe violations, the court may opt to convert unsupervised probation to supervised probation. This would mean that the individual would now be required to regularly report to a probation officer, who would closely monitor their activities and ensure adherence to the specified conditions. The transition from unsupervised to supervised probation can significantly impact the individual’s freedom and flexibility during the probation period. Additionally, repeated violations or serious non-compliance could lead to the revocation of unsupervised probation, resulting in potential incarceration as a consequence.

To illustrate, consider a scenario where an individual on unsupervised probation fails to comply with the requirement to attend court-mandated counseling sessions. As a consequence, the court may impose stricter probation terms, such as requiring the individual to report to a probation officer for regular check-ins and monitoring. This example demonstrates the potential outcomes of violating the terms of unsupervised probation and the subsequent impact on the individual’s probationary period.

It’s essential for individuals on unsupervised probation to fully understand the conditions set by the court and to strictly adhere to them to avoid these unfavorable outcomes. This includes fulfilling obligations such as attending required counseling sessions, maintaining a curfew, performing community service, and any other conditions specified by the court. By actively complying with the terms of unsupervised probation, individuals can mitigate the risk of facing stricter consequences and uphold their legal responsibilities.

Benefits and Drawbacks

Unsupervised probation offers several benefits that make it an attractive alternative to supervised probation. One of the key advantages is the flexibility it provides to individuals. Unlike supervised probation, unsupervised probation typically does not involve regular meetings with a probation officer, allowing individuals more freedom to manage their daily routines and responsibilities without the need for direct oversight. For example, a low-risk offender on unsupervised probation may be able to continue working, attending school, or caring for their family without the constraints of frequent check-ins with a probation officer.

Moreover, unsupervised probation often results in reduced supervision compared to its supervised counterpart. This means that individuals on unsupervised probation may have fewer restrictions on their activities and interactions, enabling them to maintain a relatively normal lifestyle while meeting the conditions of their probation. For instance, a person on unsupervised probation may have more freedom to travel or relocate for employment opportunities, which may not be feasible under the stricter terms of supervised probation.

However, it’s important to note that unsupervised probation also comes with significant responsibilities. Individuals are required to strictly adhere to the specified probation terms, which may include maintaining a curfew, attending counseling or treatment programs, paying fines, and performing community service. Failure to comply with these conditions can lead to severe consequences, including the reinstatement of the original criminal sentence or even jail time. Therefore, while unsupervised probation offers flexibility, it requires individuals to exercise diligence and commitment to avoid potential repercussions.

Consulting with a criminal defense attorney can be instrumental in navigating the benefits and drawbacks of unsupervised probation. An experienced attorney can provide legal guidance, evaluate the individual’s unique circumstances, and advocate for the most favorable outcome within the legal system. By understanding the implications of unsupervised probation and having the support of a knowledgeable attorney, individuals can make informed decisions and effectively navigate the complexities of their probationary period.

In addition to the benefits and drawbacks, individuals should also consider the potential impact of unsupervised probation on their personal and professional lives. Understanding the balance between probation requirements and other responsibilities can help individuals effectively manage their obligations and make informed decisions about their daily activities. By recognizing the interplay between the benefits and drawbacks of unsupervised probation, individuals can navigate their probationary period with a comprehensive understanding of the implications and potential outcomes.

Unsupervised Probation vs. Supervised Probation

Unsupervised probation differs from supervised probation in several key ways. For instance, individuals on unsupervised probation report directly to the court rather than to a probation officer, providing them with a greater sense of independence while fulfilling their probation requirements. This means that they are not subject to regular meetings and check-ins with a probation officer, unlike those on supervised probation. As a result, individuals on unsupervised probation have more flexibility in their day-to-day activities, as they are not constantly required to report to a probation officer.

On the other hand, supervised probation involves regular meetings with a probation officer who monitors compliance with the terms and conditions of probation. This level of oversight is typically reserved for individuals who may pose a higher risk to society or have a more serious criminal history. It also entails more stringent monitoring and possibly stricter terms of probation. Understanding these differences is essential for individuals facing probation, as it can impact the level of freedom and responsibility they have during their probationary period. Therefore, individuals should carefully consider the implications of each type of probation and seek legal advice to determine the most suitable option based on their specific circumstances and the nature of their offense.

Moreover, understanding the distinctions between unsupervised and supervised probation can also help individuals effectively navigate their probationary period. By recognizing the differences in the level of monitoring, oversight, and support provided under each type of probation, individuals can make informed decisions and take proactive steps to fulfill their probation requirements. This comprehensive understanding can empower individuals to actively participate in their probationary period and make choices that align with their individual needs and circumstances.

In summary, individuals should consider the potential impact of unsupervised probation versus supervised probation on various aspects of their lives, including personal responsibilities, employment, and community involvement. This holistic understanding can guide individuals in making informed decisions about their probationary period and ensuring compliance with the specified conditions.

FREE CONSULTATIONS

If you or someone you love faces criminal charges in Brooklyn, contact the experienced criminal defense attorney Scott Cerbin for a free initial consultation. Call  (718) 596-1829 or visit us online to schedule your appointment and get personalized guidance from a Brooklyn lawyer today.

The First 48 Hours

Being arrested in Brooklyn is likely something that comes unexpectedly.  We don’t normally plan our day out under the assumption that an activity we engage in will result in a criminal arrest.  For a first-time arrest, the experience can leave you feeling vulnerable, especially if you are not even sure why you have been arrested. It may take some time to sink in. By preparing for what to anticipate during and right after an arrest, you can keep a clear mind and remember to exercise your rights, including the right to speak to an attorney.

Processing After Your Arrest

Each person arrested will be taken to the precinct for processing and fingerprinting, then one of two things will happen.

• The first option is that the officer could choose to issue you a desk appearance ticket on less serious charges. This means that rather than having to stay in custody for as long as 24 hours to wait to see a judge, you will be sent home and given a date to return to court later for arraignment. A desk appearance ticket is only issued in rare and minor misdemeanor cases.
• The second option is that you will be processed, fingerprinted, and sent to central booking. You will be held at that location until the district attorney processes your case. They are waiting during this time for your fingerprint results to come back from Albany.

During the first 48 hours, You are kept in central booking

After you are processed into central booking, you are then transferred from one room to another. After approximately 24 hours you will see an attorney.

Shortly following this, you will be brought in front of a judge for an arraignment proceeding.

Arraignment

Arraignment means that you are notified about the charges and then a determination is made as to whether or not you should be released on bail. Arraignment is a crucial aspect of your criminal case. You will be released with or without bail depending on your charges. If you are unable to make bail, then it is unlikely that the amount of bail will be lower, but your criminal defense attorney would likely explore your options.

Speak To An Attorney

It is vital that you understand your rights. You should be aware of both your legal rights as well as your obligations. You should not hesitate to request the opportunity to speak to your criminal defense attorney immediately. This could be your only opportunity to protect your freedom and have some control over what happens early on.

Meeting The Burden Of Proof

Anywhere in the state of New York, in order to get a conviction, the prosecutor has to meet the burden of proof for the crime. In the case of criminal charges, the standard is higher due to the impact it may have on the individual’s life. So what do you need to know about what the burden of proof is and how it works?

Establishing The Alleged Criminals Guilt With Evidence

They must establish your guilt with a preponderance of actual evidence. After the evidence has been reviewed either a judge or a jury assigned to your case will decide if the evidence supports that you have committed the crime.

The Prosecutor Must Establish Clear Evidence That Is Convincing

It is not enough to present evidence as evidence may be unclear and ultimately not establish a person’s guilt.  For example; there may be evidence that a party was at a location but not what the person’s purpose was or what their actions were. The evidence must clearly indicate that the person accused of the crime can be connected to the alleged criminal act. The evidence must be so convincing that a judge or a jury has no doubt that the crime occurred and that the accused committed that crime.

Beyond A Reasonable Doubt

Because the highest standards of proof are the barometer for a conviction, there must be no reasonable doubt in order to convict you of a crime. While a trial allows both the prosecutor and the defense to “prove their case”  the case is only as good as the evidence and doubt allow. Both a judge and a jury must be unbiased, neither can preemptively decide that you are guilty before the trial has ended.

The prosecution and defense alternate in presenting any evidence whether for or against guilt. Later, after all of the evidence on both sides has been presented, a judge and or a jury can then determine whether or not the evidence illustrates guilt or innocence.

Arrested for a Crime in New York? Contact Cerbin Criminal Defense Now

If you have been accused of a crime in New York, your freedom is at risk.  Your life and the lives of your loved ones can change forever.  Get ahead of your defense as soon as possible. It is vital for you to work with an experienced and aggressive criminal defense attorney. Your reputation and livelihood are at stake, get help now.

Different crimes carry different penalties, and there are numerous factors that go into determining how a suspect is charged and if convicted, penalized. Here’s what you need to know about aggravated crimes, how certain factors can cause you to incur a stiffer penalty, and how to get legal help

Using a Firearm or Other Deadly Weapon 

Sentencing is often harsher for crimes where a deadly weapon is involved if the defendant is found guilty. For example, if you were caught in the act of burglary and had a gun on your person, you may be charged with more serious crimes than if you did not have the gun. This is true even if the gun had not been used. Assault with a deadly weapon is also usually penalized more harshly than assault committed with no weapon.

Becoming a Repeat Offender  

Defendants with repeat charges against them often face charges the second or third time around. This is meant to deter the defendant from engaging in criminal behavior again. Other crimes can also count against you in regard to sentencing, even if the crime was entirely unrelated to your charges now.

Committing a Hate Crime  

Harsher sentencing for hate crimes is becoming more common and defendants who are facing charges of hate-motivated crimes may be looking at serious penalties, including fines and prison time. The definition of a hate crime is broad, and a judge can impose a harsher sentence for any crime that a defendant is found guilty of that was purposely committed against a protected group.

Committing Crimes Against Vulnerable People  

If the crime you are accused of committing was against a particularly vulnerable person, such as a child or an elderly or disabled person, you may be penalized more severely than if the crime was against someone less vulnerable. This is generally because crimes against traditionally vulnerable individuals are considered especially egregious.

Committing a Crime with a Mandatory Minimum Sentence 

There are several crimes that are serious enough to warrant a mandatory minimum sentence, or the least amount of time that a defendant can spend in jail before being put up for parole. Generally, violent crimes and certain crimes against children carry a mandatory minimum sentence that a judge can add to but may not reduce despite the circumstances of the crime.

Should You Call a New York Criminal Defense Lawyer After Your Arrest? 

After being arrested for any crime — whether it carries a mandatory minimum sentence or not — it’s critical to get help from an experienced criminal lawyer. Call Scott Cerbin today for a consultation at 718-596-1829. 

Facing Criminal Charges In New York?

Under the law, crimes are generally ranked according to severity. Typically, a crime that results in greater harm to another person carries a more serious penalty than a crime that does less harm. 

For example, the penalty for driving while intoxicated with a minor in the vehicle is punished more harshly than a DWI without a minor. For some crimes that are considered very serious, a mandatory minimum sentence may be imposed. Here’s what you need to know.

Mandatory Minimum Sentencing Defined 

The U.S. criminal justice system has two parts. First, the defendant’s guilt is determined. Then, the severity of the punishment is decided, ideally with the goal of reducing the risk of recidivism. Penalties may include monetary fines, jail time, mandatory counseling, etc. 

In many criminal cases, the judge has the freedom to decide to reduce a sentence if they have reason to believe the defendant is highly unlikely to commit the same crime. However, this is not true in cases where a mandatory minimum sentence is required. The judge must impose at least the minimum and no less but may choose to increase the penalties if the evidence suggests doing so is warranted.

What Crimes in New York Have a Mandatory Minimum Sentence? 

In the State of New York, no misdemeanors carry a mandatory minimum sentence — only felony crimes do. These crimes include but are not limited to: 

• 1st, 2nd, or 3rd-degree robbery 
• 2nd or 3rd-degree burglary 
• 1st or 2nd-degree assault 
• 3rd-degree possession of a controlled substance 
• 3rd-degree sale of a controlled substance 
• 2nd or 3rd-degree criminal possession of a weapon 

Avoiding a Mandatory Minimum 

An effective way to avoid being subjected to a mandatory minimum sentence is to work with your lawyer to come up with a plea deal. In exchange for your promise to plead guilty, the prosecutor agrees to charge you with a lesser crime that does not have a mandatory minimum sentence. Although you’ve pleaded guilty during the first stage of your criminal case, your attorney can help you negotiate a lighter sentence in the second stage.

Call New York Criminal Defense Attorney Scott Cerbin Now  

If you’ve been arrested for a crime that carries a mandatory minimum sentence, you may be unsure of how you can best protect your rights and future. Experienced New York criminal defense lawyer can help you pursue the best possible verdict in your case. Call now for a consultation at 718-596-1829.

When your child faces criminal charges, both your lives can be turned upside down in what seems like an instant. New York tends to be strict when it comes to penalizing juveniles for criminal offenses, making it even more important to actively work to advocate for their fair treatment. Here’s what juvenile offenders should know about the criminal process. 

Juvenile Defendant Age Considerations 

A child offender over the age of 7 but under 18 is considered a “juvenile delinquent” under New York law. This means they are processed through a different court system than an adult, where the penalties are typically focused on rehabilitation. 

When a Minor Can Be Charged As An Adult In New York

New York law allows for some juvenile defendants to be treated like an adult in criminal court depending on the crime they are accused of, their age, and other factors. For example, a teen juvenile that committed a violent offense is at a higher risk of being tried as an adult than a preteen charged with a lesser crime. 

Notable Other Differences in Adult vs. Juvenile Criminal Cases 

It’s in your child’s best interests to know what to expect when you go through the New York juvenile criminal process. Having a good understanding of how juvenile cases are different from adult proceedings help you to build a strong defense. 

The first thing you should know is that the names for various stages of the case differ. Although the concept is generally the same, juvenile court calls the formal complaint against the defendant a “petition” and calls being found guilty “adjudicated” instead of “convicted.” If the judge has ordered the juvenile to be incarcerated, hospitalized, or otherwise rehabilitated, this process is called a “disposition” instead of being “sentenced.” 

Although juveniles are more likely than adults to be offered robust rehabilitation options, they have a disadvantage in the courtroom: juveniles are not afforded the benefit of a trial by jury. Instead, the judge reviews all evidence and issues a verdict in a closed courtroom. 

Don’t Wait to Call for Legal Help After Learning Your Child Is Being Investigated 

Learning that your child has been charged with a crime is frightening, but your child needs you to take quick and decisive action now more than ever before. Contact Scott Cerbin Criminal Defense today for a consultation to discuss your child’s criminal case and how you can best protect their rights at 718-596-1829.

Not all crimes are considered equal under the law and each has different penalties that can be imposed to deter someone convicted of the crime from committing it or another crime again. Jail is not always the best way to do this and in many cases, New York is using what is known as alternative sentencing to help rehabilitate convicted criminals instead of strictly penalizing them. 

Here’s what you need to understand about alternative sentencing and when it may be available to you. 

What Alternative Sentences May Be Available?

There are several types of alternative sentences that can be imposed on a defendant. Sometimes, New York judges will be creative and impose multiple alternative sentences or a new sentence that is designed to specifically fit the crime. 

Alternative sentencing may include one or more of the following: 

• Probation. If you are sentenced to probation, you will be allowed back into the community under certain restrictions. You’ll need to meet with a probation officer regularly and fulfill any and all criteria mandated by your specific probation orders. 
• Service to the community. Some low-level crimes are assigned community service instead of jail time, or it may be added to another alternative sentence.  
• Restitution. You may be ordered to pay money to the victim of your crime. 
• Fines. You may be ordered to pay money to the court. 
• Suspended sentencing. A judge may decide to suspend your sentence either unconditionally, meaning you do not have to do anything more, or conditionally, meaning there are certain stipulations you must meet. If you do not meet these stipulations, the suspension of your sentencing may be lifted. 
• Deferred adjudication. Deferred adjudication works similarly to suspended sentencing and probation in that you’ll need to prove to the court you are capable of acting as a law-abiding citizen. The court will monitor your progress and may pursue adjudication if you do not meet the criteria set forth for your sentencing. 

How a Skilled Defense Attorney Can Assist You  

Scott Cerbin is an experienced New York criminal defense lawyer that has the skill and expertise to provide you with a comprehensive legal defense from the start of your case to sentencing. 

Call our office today for your initial consultation at 718-596-1829 to learn more about alternative sentencing or how to increase your chances of receiving an alternative sentence instead of being ordered to go to a county jail or state prison.

Being charged with a crime is a frightening and life-changing experience. You may assume that you’ll have to spend at least some time behind bars, however, incarceration may not be necessary in your case nor is it always the best option for reducing the risk of recidivism. Depending on the case, a person convicted of a crime may be eligible for incarceration alternatives. 

Instead of going to jail, you may be able to: 

Pay Fines or Restitution   

If the crime you were convicted of was relatively minor and generally resulted only in financial loss to the victim(s), you may be ordered to pay restitution or fines instead of being incarcerated. For example, if you were charged and convicted of disorderly conduct outside a business, you may be required to pay restitution to the business to reimburse them for lost sales. 

Go to Rehab or Anger Management 

You may not have to serve jail time if a judge believes you can be helped more by attending long-term rehabilitation or anger management courses. What classes you are required to attend and for how long largely depends on the nature of the crime you were convicted of. 

Do Community Service 

You may be able to do community service instead of going to jail if the crime you were convicted of was a misdemeanor or you lack any kind of previous criminal record. Community service is usually tailored to the crime and can be an effective means at reducing recidivism. 

Serve Your Time Under House Arrest 

You may be able to serve your time under house arrest instead of in jail if you meet certain criteria. For example, house arrest is usually offered to defendants who haven’t committed any other crimes in the past and who were convicted of non-violent crimes. Offenders with a criminal record or who committed a violent crime against another person are less likely to be eligible for house arrest. 

Can a Criminal Defense Attorney Help Me Avoid Incarceration? 

If your criminal case is unsuccessful and the charges against you aren’t dropped or reduced, an experienced criminal defense lawyer can help you avoid serious penalties and even keep you out of jail in some circumstances. 

Contact Scott Cerbin Criminal Defense today for an initial consultation to discuss the details of your criminal case and how you can best protect your rights and interests after being arrested for a crime at 718-596-1829. 

Whether or not the attorney who defends you in a criminal case needs to know the whole truth really depends on your unique circumstances. Here’s what you should understand about talking to your attorney. 

Your Lawyer May Want Only Minimal Details 

You are allowed to tell your criminal defense lawyer anything you want without being at risk of penalty because you have the protection of attorney-client privilege. Despite this, your attorney may want to avoid the risk of potentially being culpable in your case if they know certain details. This is a good question to ask during your consultation. 

Or, Your Lawyer May Ask You to Be Direct  

It’s not uncommon for criminal defense attorneys to want to have as much information and evidence as possible before they go to trial so they aren’t blindsided or put on the spot by new evidence brought forward by prosecutors. 

If your lawyer requests that you leave nothing off the table, go ahead and give them a full recount of your version of events. You can even admit guilt without consequences if your lawyer has let you know that you have the freedom to be candid; just be sure you’ve been given the green light first. 

What You Should Know About Your Defense Lawyer’s Responsibilities and Constraints   

Although you’re protected by attorney-client privilege, your lawyer has certain responsibilities and constraints. If you admit to them you’re guilty, they cannot allow you to take the stand and offer a different version of events. This is lying under oath, also called perjury. Similarly, your lawyer can’t offer up false evidence. That said, these standards cannot apply to attorneys who genuinely do not know if their client is or isn’t guilty. 

If your attorney knows you’re guilty, they may still think it’s a good option to defend your case in court. This usually occurs in cases where the defendant’s argument is largely based on law enforcement misconduct and rights violations versus whether or not you committed the crime you’re accused of. 

How to Get Aggressive Legal Defense In Your Criminal Case 

Scott Cerbin is an experienced New York criminal defense attorney that has the expertise and skill to provide you with a zealous legal defense. 

Contact our office today to book your consultation at 718-596-1829 to learn more about how to protect your rights, reputation, and future after being arrested and charged with a criminal offense.

People who have been found guilty may be sentenced to probation. There are two types of probation: supervised and unsupervised. Here are the specifics of unsupervised probation, including what to anticipate and how to get the legal support you need after being charged with a crime.

Unsupervised Probation Defined 

Unsupervised probation does not involve random or consistent interactions with a court-appointed probation officer, therefore it’s often thought to be less harsh than other versions of probation. Furthermore, this kind of probation  also does not require an officer to conduct searches of a person’s property or their place of business, nor does it force the individual to report for curfew.

While it allows for more freedom, there are still strict requirements that must be followed. What these guidelines are vary depending on the details of each individual’s case, however, the goal is that they allow individuals to return to normal activities like work or school after an arrest. 

What Are the Conditions of This Type of Probation?

The restrictions on unsupervised visitation can include:

• Mandatory community volunteering 
• Counseling for drug and alcohol abuse
• Restitution and/or court fines 
• Other penalties at the judge’s discretion 

Despite the fact that these restrictions are less severe than those placed on people who only qualify for supervised probation, they can be challenging. A criminal defense attorney can assist you in negotiating the conditions of your unsupervised probation with the judge presiding over your case in order to achieve more favorable terms.

Eligibility for Unsupervised Probation 

It’s up to a judge to decide who is eligible for supervised or unsupervised probation. Individuals the court deems are unlikely to commit crimes in the future may be offered probation. Convicted criminals with a history of violent or repeat violations may not be eligible for either type of probation.

How Can a New York Criminal Defense Lawyer Help You? 

Were you charged with a crime and are potentially eligible for supervised or unsupervised probation? A criminal defense attorney can represent you against criminal accusations during trial as well as petition for the reduction of your penalties if a jury unfortunately finds you guilty.

Don’t hesitate to get the legal representation and support you need during this difficult time. Contact New York criminal defense lawyer Scott Cerbin today to schedule your consultation by calling 718-596-1829.