Why a felony arrest changes the picture
Any new arrest can lead to a violation of probation, but a felony charge tends to be treated more seriously by both the probation department and the court. In New York, the new felony usually begins with arraignment in local criminal court and then moves toward a grand jury, while the violation proceeds before the judge who imposed the original sentence. If the original probation sentence was itself for a felony, a new felony conviction may be sentenced under New York's rules for repeat felony offenders, which can significantly change the range. That possibility makes the timing and structure of any resolution especially important.
Coordinating the two cases
In many matters, the new felony and the violation are resolved together, with one negotiated outcome addressing both. Whether that is possible depends on the courts involved, the prosecutors' positions, and the strength of the evidence in the new case. Until there is a plan, avoid making statements about the new arrest in either proceeding, including at a violation hearing, since what is said in one can reach the other. If the arrest happened in a different county or state, the cases may involve different prosecutors and judges, which complicates coordination. Release on the new charge does not necessarily mean release on the violation.
Steps we take first
We gather the paperwork from both cases and confirm the dates, charges, and judges involved. We find out whether your original conviction counts as a felony and whether a declaration of delinquency has been filed. We review the evidence available on the new felony and whether there is a basis to challenge the arrest or any search. Then we lay out the realistic paths for resolving both matters, including what each would mean for any custody and for supervision afterward. Families can help by gathering employment records, treatment history, and letters that speak to the person's progress on probation.
