Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

A: Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

A: I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific details not provided here. For personalized guidance, please consult a qualified attorney licensed in New York.

Understanding Probation Revocation and License Suspension in New York

In New York, when probation is revoked, the court may impose any sentence that could have been ordered originally. Once you've served this sentence and your probation is terminated, you should no longer be under probation supervision.

Probation's Authority Over Your Driver's License

During probation, officers can enforce conditions like suspending or restricting a driver's license. However, after probation is revoked and you've completed your sentence, probation officers generally lack the authority to hold or suspend your license without a valid court order or legal basis.

Possible Reasons for License Suspension

• Outstanding Fines or Fees: Unpaid court fines or fees can result in license suspension.

• Administrative Errors: Records may incorrectly indicate you're still on probation.

• DMV Actions: The Department of Motor Vehicles may have independently suspended your license due to other violations.

Steps to Resolve the Issue

• Gather Documentation: Obtain court records confirming that your probation has ended and you've completed all sentencing requirements.

• Contact the DMV: Verify your license status and ask about any holds or suspensions.

• Communicate with Probation: Request written confirmation that you're no longer under supervision and ask for clarification on any actions affecting your license.

• Seek Legal Assistance: An attorney can help resolve discrepancies and communicate with the probation department and court on your behalf.

• Consider Legal Action: If necessary, you might file a motion with the court to address any improper actions by the probation department.

Re-Violation After Probation Termination

If a probation officer violated you after your probation had officially ended, this may be an overreach of their authority. Any penalties imposed without proper jurisdiction could be legally contested.

Conclusion

Based on New York law, once you've completed your sentence following probation revocation, the probation department should not continue to impose restrictions like holding your driver's license without a valid legal reason. It's essential to verify your license status, gather all relevant documentation, and consider seeking legal assistance to address this issue promptly.