In New York, a person who is under a sentence of probation is in the legal custody of the court that imposed it pending expiration or termination of the period of the sentence. The probation department serving the court that imposed a sentence of probation has the duty of supervising the defendant during the period of such legal custody.
If the court possesses reasonable cause to believe that a probationer or a person sentenced to conditional discharge has violated a condition of his or her sentence, under New York’s 410.30, the court may declare the defendant delinquent and file a written declaration of delinquency for the express purpose of bringing the probationer before the court.
Notwithstanding this rule, it seems hard to believe the probation officer would violate a person for not charging the monitor unless it was a regular occurrence. If it was not a regular occurrence and the probation officer violated you, it is critical that you or your criminal lawyer buffalo ny have an explanation prepared which can be presented at the hearing before the court.