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
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.
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 Riebling, Proto & Sachs, LLP our main offices are located in downtown
White Plains and we provide a free initial consultation.
Call the Westchester County Criminal Defense Attorneys Today (914) 946-4808.