Q: Should I go to probation if a police officer tells me to, after being arrested at 17? (NY)

A: I understand that this situation must be stressful, and it’s important to approach it carefully, especially since you are under 18 and facing criminal charges. In New York, there are specific procedures and rights for individuals, especially minors, who are involved in criminal matters, and it’s crucial to follow the legal process rather than acting based on what a police officer tells you directly.

First, it's important to clarify that probation is typically imposed by a court, not by the police. While probation is a common sentence in criminal cases, it is not something you are ordered to comply with before a court has made its decision. The police may inform you about possible outcomes, but they do not have the authority to order you into probation before a judge issues a formal sentence or ruling.

Since you are 17 years old, you are considered a minor under New York law, which means your case could either be handled in Family Court (for offenses that are considered delinquent acts) or in Criminal Court (if charged as an adult). The fact that you’ve been charged with criminal trespass and conspiracy suggests that you may be facing adult criminal charges, but because you are under 18, the court will determine whether you are treated as a juvenile or adult. Regardless, probation can only be imposed after a judge makes a ruling on your case, either as part of a plea deal or following a trial.

If the police officer has suggested probation, it might be as part of an informal conversation about possible outcomes, but you should not comply with any probationary terms until they are officially ordered by the court. It’s critical that you wait for court instructions. Going to probation before a court hearing could create confusion and potentially complicate your legal situation.

Your next step should be to consult with a lawyer who specializes in juvenile law or criminal defense. A lawyer can represent your interests, ensure that your rights are protected, and advise you on the best course of action. If you have not already been assigned an attorney, you are entitled to legal representation, and in your case, if you cannot afford one, the state will appoint a public defender for you. Your attorney will help you navigate the court system, understand the charges, and explain the possible consequences, including whether probation is a potential outcome or if other options such as diversion programs are available.

In summary, you should not go to probation on your own without a court order. Instead, wait for the court process to unfold and seek legal advice from an attorney to make sure your rights are fully protected.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.