New York Probation Violation Attorney

In New York City, probation allows individuals convicted of crimes to continue their lives in the community under the supervision of a probation officer. The terms of probation can include drug testing, mandatory meetings with a probation officer, and community service.

However, the consequences of a violation can potentially be more severe than the original probation sentence itself. They can involve more fines, extended probation, or even a return to jail.

But you don’t have to face this alone. Criminal defense lawyer Mehdi Essmidi has defended numerous clients facing similar charges. Contact us today for a free consultation.

Understanding Probation Violation in New York

New York has two types of probation violations: substantive and technical.

Substantive Violation: A substantive violation occurs when someone commits a new crime while on probation. This could be anything from a minor traffic violation to a serious felony. If those arrested are found guilty, their probation will likely be revoked, and they will face additional penalties.

Technical Violation: A technical violation, on the other hand, occurs when a person fails to comply with the specific terms of their probation. This could include failing a drug test, missing a meeting with a probation officer, or not completing court-ordered community service.

While these violations may seem less serious than committing a new crime, they can still lead to serious consequences.

Types of Probation Violations

In New York, a person may be placed on several types of probation, depending on the nature of their charges.

Administrative Probation: Administrative probation is a form of non-contact supervision in which the offender must mail a monthly report form without meeting with a probation officer. It is reserved for low-risk offenders who have demonstrated good behavior.

Community Control: Community control is an intensive form of probation that requires frequent meetings with a probation officer and strict adherence to a set schedule. It is designed to be a rigorous supervision strategy, often involving a higher level of monitoring than standard probation. The New York City Department of Probation (DOP) focuses on community corrections within the city’s criminal system. This form of probation is typically reserved for misdemeanor probation.

Drug Offender Probation: Drug offender probation is a form of intensive supervision focusing on treatment and recovery. It includes regular drug testing and mandatory participation in treatment or counseling programs.

Sex Offender Probation: This probation includes restrictions on where the offender can live or work, often concerning school zones, mandatory participation in treatment programs, and regular polygraph examinations. The specific terms of probation for sex offenders, including any restrictions or requirements, depend on the individual’s risk level and the nature of their offense.

Intermittent Sentences

This type of sentence is often used as a compromise between incarceration and standard probation, aiming to provide a regulated environment while still offering the chance for rehabilitation in the community.

Intermittent sentences are a form of probation in which the individual must serve time in jail during certain periods, typically on weekends. Failure to report to jail during these periods is considered a probation violation.

Common Ways People Violate Their Probation

People can violate their probation in many ways. These include:

• Failing to report to your probation officer at the scheduled time
• Failing to appear at a scheduled court date
• Not paying fines or restitution as ordered by the court
• Visiting certain people or places without the probation office’s permission
• Possessing, using, or selling illegal drugs
• Possessing or using a weapon
• Committing another crime while on probation

A conviction for a probation violation can lead to a probation suspension and additional penalties, highlighting the importance of contacting a criminal defense attorney and ensuring legal representation as soon as possible.

Violation of Probation Hearing

When someone is accused of violating probation, they must attend a Violation of Probation (VOP) hearing.

In a VOP hearing, the burden of proof is lower than in a criminal trial, but the judge still decides whether probation was violated.

However, an attorney can represent those charged with a violation in the VOP hearing, which can increase your chances of reaching a favorable outcome.

The Consequences of a Probation Violation

The consequences of a probation violation in New York can be harsh. A judge has discretion to impose penalties and criminal charges, which can be a warning for revocation of probation or imposition of the original jail sentence.

If probation is revoked, offenders could be sent back to jail or prison to serve the remainder of their original sentence. Even if the probation isn’t revoked, there could still be additional penalties, such as:

• Extension of probation period
• Additional fines
• Community service
• Mandatory drug testing or treatment programs
• Electronic monitoring

The exact consequences depend on the nature of the violation, prior criminal history, and other factors. It’s important to remember that even minor violations can lead to serious consequences if they’re not handled properly. If this is your case, contact a criminal attorney.

Probation Vs. Parole Vs. House Arrest

Probation, parole, and house arrest are all alternatives to incarceration, but they function differently.

Probation is a sentence that allows someone convicted to be under the supervision of a probation officer instead of being imprisoned.

On the other hand, parole is a form of early release from prison. It allows inmates to serve the rest of their sentence in the community under the supervision of a parole officer.

House arrest is another form of community-based sentence where an individual is confined to their home instead of being sent to jail or prison. They may be allowed to leave for approved activities like work or school, but must otherwise remain at home.

Common Probation Violation Defenses

When facing a probation violation charge, it might feel like the deck is stacked against you. However, there are possible defenses that an experienced criminal lawyer might apply to your case:

Unintentional Violation: Sometimes, a violation occurs due to circumstances beyond your control. For instance, if an appointment with the probation officer was missed because of a medical emergency or unforeseen event, this could be a valid defense.

Lack of Knowledge: Sometimes, a probationer may violate their terms simply because they were unaware of certain stipulations. If it can be demonstrated that the terms of your probation were not clearly communicated to you or there was some misunderstanding, this might serve as a defense.

Substantial Compliance: If you’ve generally complied with the terms of your probation and made an isolated mistake, it could be argued that you’ve been in substantial compliance. This approach emphasizes your efforts to meet the conditions set by the court.

Insufficient Evidence: The prosecution must provide evidence that you violated your probation. If the evidence is weak or questionable, it might be possible to challenge its validity and argue that there is insufficient evidence.

Contact Us for a Free Consultation

Probation violation cases in New York City can be intimidating. It’s not only about the legal complexities but also about the potential consequences that could impact your life. But you don’t have to deal with this alone.

New York probation violation attorney Mehdi Essmidi believes in your right to a fair defense and is committed to providing you with an aggressive defense strategy.

Whether you’ve been accused of a substantive or technical violation, our criminal defense attorneys have the experience and knowledge to give your case an edge. Contact us today for a free case evaluation.

Frequently Asked Questions

What happens if I violate probation?

If you’ve violated your probation, it’s crucial to contact a probation violation attorney as soon as possible. They can help you understand your options and guide you through the legal process.

You’ll likely have to attend a Violation of Probation (VOP) hearing, where the sentencing judge will determine whether you violated your probation terms. If found guilty, you could face a new sentence, extended probation, additional fines, or even jail time.

Can you use a lawyer for probation violations in New York?

Yes. A probation violation lawyer can provide legal advice, represent you in court, and advocate on your behalf. They can negotiate with the prosecution and the court to potentially minimize the consequences of the violation. Given the stakes involved with probation violations, the assistance of a New York probation violation lawyer is invaluable.

Can you travel while on probation in New York?

You cannot travel while on probation in New York without permission from your probation officer or judge. If you must travel for a family emergency or other reasons, seek prior approval and provide details and verification. Consult a probation violation lawyer to understand travel restrictions.

How often do you need to meet your probation officer on probation?

The frequency of meetings with your probation officer while on probation varies depending on the specifics of your case and the type of probation you are under. Some meetings might be as frequent as once a week, while others may only need to meet their officer once a month.

Can a probation violation lead to a jail or prison sentence in New York?

Yes. If you violate the terms of your probation, the sentencing judge has the discretion to impose penalties, which may include revoking your probation and enforcing the original jail or prison sentence. The severity of the consequences often depends on the nature of the violation and your prior criminal history. It’s crucial to consult a New York probation violation lawyer to understand your legal options.

What is interim probation?

Interim probation refers to a probationary period that serves as a trial phase before final sentencing or disposition is decided. This period can be used to evaluate the defendant’s behavior and compliance with probation conditions before a long-term sentencing decision is made.

What happens when a probation violation occurs due to a new criminal act?

Committing a new criminal act while on probation is considered a substantive violation. This type of violation can lead to additional charges, as well as the revocation of your current probation. In such cases, the court may impose a prison sentence for the new offense and the original one. Engaging a criminal defense attorney experienced in handling probation violations is essential to deal with the complexities of the criminal court system.

How can a probation lawyer assist with alleged violations in New York?

A probation lawyer can provide invaluable assistance if you’re facing allegations of violating your probation terms. They can represent you during violation hearings, challenge the evidence presented, and argue for alternatives to incarceration, such as extended probation or enrollment in drug treatment programs. Their expertise is particularly beneficial in cases involving misdemeanor probation or when specific circumstances, like testing positive for a prohibited substance, are in question.