Under New York law, If at any time during the period of a sentence of probation or of conditional discharge, the court is provided reasonable cause to believe the defendant violated one of the conditions of the sentence, it may declare the defendant delinquent and file a written declaration of delinquency.
Furthermore, criminal lawyer buffalo ny must know even if a person is found not guilty of a charge, a court may nevertheless find reasonable cause to support a finding that a condition of probation was violated.
Criminal lawyer buffalo ny must be aware of possible procedural defects to adequately safeguard the rights of the client. For example, before the court decides on whether reasonable cause is present, however, the probation officer must submit to the court a request for a declaration of delinquency. Once received, New York courts must make a decision within seventy-two hours of receiving the paperwork. Once the declaration of delinquency is appropriately filed, the court must take reasonable and appropriate action to cause the Defendant to appear so the court may make a final determination as to whether there is reasonable cause to find a condition of probation was violated.
In considering “appropriate action” to notify the defendant of the hearing, the court may order defendant’s appearance in the form of a written notice. The notice must specify the time and place of appearance and it can be served personally on the Defendant, by mail, or as the court may direct.
In the absence of a warrant issued, in the case where a probation officer submits a violation petition and report, the court will promptly consider the petition, and where the court issues a notice to appear, the court must direct the defendant to appear within ten business days of the court’s order.
Alternatively, when the order is in the form of a notice, Defendant’s failure to appear as ordered without providing reasonable cause will constitute a violation of the conditions of the sentence regardless of whether the condition is stipulated in the probation agreement.