| My job is to protect my clients. Avoiding a term of | | | | prescription), as well as the use of any intoxicating |
| probation supervision is part of that protection. I do | | | | beverages (alcohol). |
| recognize the value of the probation department, and | | | | 7. Stay away from all places where (intoxicating |
| when it is appropriate, their services can be invaluable. | | | | beverages) they are sold or served for on-premises |
| For younger people whose parents can not control | | | | consumption. |
| them (the out of control teens) NYS has a PINS | | | | 8. You must submit at any time without notice and |
| Program (Person In Need of Supervision) and pre-PINS | | | | without a search warrant to a search of your person, |
| probation program. These forms of probation are | | | | residence, vehicle, or other personal property, leased |
| where the child reports to a probation officer who | | | | and/or owned that is not your residence and any area |
| provides the child with resources, supervision, and | | | | under your immediate control and permit seizure of |
| direction (psychological counseling, drug counseling, job | | | | any contraband. |
| counseling, school counseling). I do feel that probation is | | | | 9. You must be granted permission to obtain any type |
| a good thing for some adults as well. As an alternative | | | | of driving privilege or license whether conditional or |
| to incarceration, probation supervision allows them to | | | | unconditional. |
| remain gainfully employed and get counseling for their | | | | 10. You may have to place an ignition interlock device |
| drug/alcohol issues. Tompkins County also has a | | | | on your car, and at your expense as required by the |
| Felony Drug Court Program which is probation based, | | | | Probation department. |
| and more intense in it's rehabilitative goals. | | | | 11. You have to submit upon request with or without |
| Where I have an issue with probation is where it is | | | | prior notice to any appropriate test including breath, |
| recommended or the prosecution wishes to apply it to | | | | blood, urine or saliva for the purpose of determining the |
| those adults who do not have drug and/or alcohol | | | | alcohol and/or drug content. |
| dependence issues. Some of these people would not | | | | 12. Undergo an evaluation for alcohol and/or substance |
| benefit from Court Ordered Probation Supervision. I | | | | abuse and follow through with any treatment and/or |
| feel in some respects it is a punishment worse than a | | | | counseling recommended, including inpatient and/or |
| short jail sentence. | | | | aftercare treatment, and shall undergo said treatment |
| Recently I was in Court, and was watching an | | | | for as long as required, all at your expense. |
| attorney and his client go through a plea and | | | | 13. Attend and actively participate in and successfully |
| sentencing for a DWI. I observed the judge tell the | | | | complete counseling/treatment/educational |
| attorney that because of Probation his client could not | | | | programming/self help group as designated by |
| now get a condtional license at the DMV. The attorney | | | | Probation. |
| had a look of shock. What he did not know, and what | | | | 14. Not drive a car without permission of Probation. |
| he failed to tell his surprised client was that once the | | | | Must inform Probation of all cars owned or operated |
| probation department is involved (You are ON | | | | and their plate numbers. |
| Probation or IN Probation) they decide when and if you | | | | 15. Work faithfully at a suitable employment or pursue |
| get your license back. Not the Court and Not the DMV. | | | | a course of study or vocational training that can lead |
| Some of the "terms and conditions" of a three year or | | | | to suitable employment. You can not quit or change |
| five year probation: | | | | employment without permission by Probation. |
| 1. Report to a Probation Officer or have the Probation | | | | 16. You are not allowed to own, use, or possess any |
| Officer make surprise (unannounced) visits to your | | | | guns, rifles, shotguns, stun guns, taiser, swords, ballistic |
| home or elsewhere (perhaps your job). | | | | knives, gravity knives, weapons, etc. |
| 2. Remain within the Jurisdiction of the Court unless | | | | As to true understanding of the application of the |
| granted permission to leave (No random visits to | | | | Probation Department's terms. I have had clients have |
| relatives or friends or potential job opportunities in other | | | | to decline better employment in neighboring states. I |
| states). | | | | have had client's have to submit to liver enzyme blood |
| 3. Be available for questions from your probation | | | | screens with Probation seeking to discover weekend |
| officer. | | | | drug use. |
| 4. You must receive permission (prior consent) from | | | | In some counties, it is well known that their Probation |
| your Probation Officer before you move, change your | | | | Departments do not give permission to have a driver's |
| job, or remain away from home past 12:00am. | | | | license for years. So some things can truly be worse |
| 5. Refrain from disreputable people or places. | | | | than three or four months in prison. |
| 6. Abstain from the use of all drugs (except by | | | | |