Criminal defense attorney Andrew Proto successfully obtained early discharge of his client’s felony DWI probationary sentence in Westchester County Court. After filing a motion and arguing that continued community supervision was unnecessary, the Court agreed and terminated the client’s felony DWI probation.
This early discharge was especially important because the client needed to drive for work, travel with family, remove the IID device, and avoid probation obligations that were threatening employment. Andrew’s client was relieved to finally move forward from the DWI conviction and court-ordered probation.
What Is a Probationary Sentence?
Probation is a form of community supervision ordered by a court instead of jail or prison, or imposed after incarceration. Anyone on probation must follow the Terms and Conditions of Probation set by the sentencing judge, and supervision is handled by the county’s Department of Probation.
Probation allows someone to stay in the community while being monitored, but they must comply with rules created by the court and probation officer.
What Are Terms and Conditions of Probation?
Probation conditions vary by case. There are always general Terms and Conditions, and when appropriate, specialized conditions—such as those for DWI, domestic violence, or sex offense cases. Examples of general conditions include:
- Regular check-ins with a probation officer
- Maintaining employment or attending school
- Drug/alcohol testing or treatment
- Curfew or travel restrictions
- No new arrests
- Counseling or community service
- Paying fines, fees, or restitution (if ordered)
Violating probation can result in:
- Additional restrictions
- A violation hearing
- Possible jail or prison time
How Long Is a Probationary Sentence in New York?
Under New York law, maximum probation terms include:
- Misdemeanor conviction: up to 3 years
- Felony conviction: up to 5 years
- Sexual Offender conviction: up to 10 years
- Juvenile/Youthful Offender: varies by case
How Does Probation Get Terminated Early?
As experienced criminal defense attorneys in Westchester County, we focus not only on sentencing but also on planning ahead for early termination of probation. Effective early discharge strategy begins at the sentencing date, not months or years later.
- At sentencing, ask the judge if early discharge will be considered if appropriate. Most judges agree. Obtain the sentencing transcript so it can be used later as part of the application.
- Keep a copy of the Terms and Conditions of Probation. This helps show full or substantial compliance when filing a motion for early termination.
- Obtain a certificate of conviction. Many courts require this document before reviewing a motion to end probation early.
- Keep records during probation. Notes, diaries, and certificates of completion help demonstrate compliance with all probation obligations.
- Avoid any violations of probation Terms and Conditions.
The Motion to Terminate Probation Early
At Proto, Sachs & Brown, LLP, we prepare a detailed motion explaining why the Court should terminate probation early and confirming that the probationer no longer needs community supervision. The motion includes:
- A formal affidavit from the client
- Supporting exhibits and documentation
- Legal arguments showing why early termination is justified
Thorough preparation and attention to detail help create a persuasive application for early discharge.
With over 25 years of experience practicing criminal defense in Westchester County and the surrounding counties, our attorneys are well-equipped to develop a strategy tailored to each client’s situation.
To discuss your legal strategy for terminating a probationary sentence early, contact attorneys Andrew Proto or David Sachs at (914) 946-4808.
The initial consultation is free.