What fingerprintable means here
In New York, a fingerprintable offense is generally one for which an arrest is fingerprinted and reported to the state's criminal history system, which covers felonies and misdemeanors defined in the Penal Law, along with certain other offenses. When a person on probation is arrested for one of these, the probation department is commonly notified through that system, often before the person has had a chance to tell anyone. Many probation conditions also require reporting a new arrest promptly, and failing to do so can become an issue of its own. The arrest can then become the basis for a violation even though the new charge has not been proven.
Two cases on different tracks
The new case and the violation run side by side, before different judges or the same one, depending on the court. A violation hearing uses a lower standard of proof than a criminal trial, so it is possible to be found in violation even if the new case is later dismissed. Testimony at a violation hearing about the new arrest can potentially be used in the new case, which makes decisions about what to say, and when, especially important. The judge on the original sentence can sometimes hold a person in custody while the violation is pending, even if the new case would otherwise allow release. For these reasons the two matters have to be planned together rather than separately.
What to bring and what we decide
Bring your original sentencing papers and probation conditions, any paperwork from the new arrest, and the contact information for your probation officer. Report the arrest as your conditions require, but talk with your lawyer before discussing the facts of the new case with the officer, and tell your lawyer what the officer has said to you so far. We look at whether a declaration of delinquency has been filed, what the new charge is, and whether the two matters can be resolved together. We also consider what your compliance record shows, since steady reporting and completed programs can matter when a court decides how to respond.
