As sex offense and SORA lawyers in Westchester County, New York we know that a legal strategy does not stop after a client decides to enter a guilty plea to a charge. Our representation continues to include a strategy for the required probation interview and SORA hearing. Here we will discuss the probation interview.
Sex Offender Probation Interview
Under New York law prior to placing an individual on probation an interview must be conducted by the Department of Probation. This interview is designed to give the Court, District Attorney and defense counsel a better understanding of the probation department’s opinion and proposed conditions of probation. Depending on the legal strategy the interview could take place prior to a plea bargain (preplea investigation) or after a plea. Regardless of the legal strategy, it is essential that the client understand what will take plea at the interview.
Recently, in People v. Tubbs, 124 AD3d 1094 (2015), the 3rd Department of the Appellate Division held that where a preplea investigation report included an admission by the defendant that several years earlier he had approached another potential victim about engaging in a sexual act but was refused and did nothing further and the prosecution did not supplement this limited admission with any proof whatsoever from the alleged second victim the record lacks clear and convincing evidence to support the court’s determination that 20 points should be factored into its determination of the defendant’s risk level under the Sex Offender Registration Act, SORA. Subtracting these points resulted in a risk level 2 designation.
Pursuing a Powerful DWI Defense in Westchester County
As a sex offense attorney, the best defense is to always be prepared and continue the legal strategy past a plea bargain to include the probation interview, a critical part of the case. Our sex offender lawyers will always meet with our clients once the probation interview is scheduled so the client knows what to expect. The interview can be very stressful but less so if the client is properly prepared.
Fight Back Against Sex Offense Accusations
If you or a loved one is under investigation for a sex offense, has been arrested or has a pending SORA hearing call our office for an aggressive defense with a personally tailored legal strategy. We are always available to help our clients through what is a difficult time in their lives.
At Proto, Sachs & Brown, LLP our main offices are located in downtown White Plains and Peeskill NY. We provide a free initial consultation. Call the Westchester County Criminal Defense Attorneys Today (914) 946-4808.
