New York Probation Violation Attorney
Schedule a Free ConsultationIn New York City, probation is an alternative to incarceration. It allows individuals convicted of crimes to continue their lives in the community under the supervision of a probation officer. The specific terms of probation can vary, but they commonly include drug testing, mandatory meetings with a probation officer, and community service.
However, the consequences of a violation can be more severe than the original probation sentence. They can involve more fines, extended probation, or even a return to jail.
But you don’t have to face this alone. At The Law Offices of Mehdi Essmidi P.L.L.C, we have defended numerous clients facing similar charges. Contact us today for a free consultation.
Understanding a Violation of Probation 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, probation will almost certainly be revoked, and you will face additional penalties.
Technical Violation: A technical violation 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 severe 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 and circumstances.
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 typically 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 more 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 of drug offenders. 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, are tailored to the individual’s risk level and the nature of their offense.
Intermittent Sentences
An intermittent sentence is often used as a compromise between incarceration and standard probation. It aims to provide a structured environment while still offering the chance for rehabilitation in the community.
Intermittent sentences are a form of probation in which the individual serves time in jail during specific periods, typically weekends and sometimes overnight. The purpose of an intermittent sentence is to allow the person to maintain a job, seek substance abuse counseling, or attend training or school.
Common Ways People Violate Probation
People can violate their probation conditions in numerous ways. Some violations are more common than others. These include:
- Failing to report to their 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 officer’s permission
- Possessing, using, or selling illegal drugs
- 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.
The burden of proof is lower in a VOP hearing than in a criminal trial; the judge decides whether probation was violated. However, an attorney can represent those charged with a violation in the VOP hearing, increasing their chances of reaching a favorable outcome.
The Consequences of a Probation Violation
The consequences of a probation violation in New York can be severe. A judge has broad discretion to impose penalties and criminal charges, ranging from a warning to probation revocation and reinstituting 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 and severity of the violation, prior criminal history, and other factors. It’s important to remember that even minor violations can lead to serious consequences. Contact a New York City criminal defense attorney as soon as possible after a probation violation.
Common Probation Violation Defenses
It may seem like the deck is stacked against you when facing a probation violation charge. However, there are possible defenses that an experienced criminal lawyer might apply for 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: Probationers 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 overall efforts to meet the conditions set forth 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. They involve legal complexities and potential consequences that could impact your life and future. But you don’t have to navigate this challenging time alone.
At The Law Offices of Mehdi Essmidi P.L.L.C., we believe in your right to a fair defense and are committed to providing you with a tailored 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.
FAQ
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.
Conversely, 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.
What happens if you violate your 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 and explore any extenuating circumstances. You could face a new sentence, extended probation, additional fines, or even jail time if found guilty.
Remember, every case is unique, and having an experienced criminal attorney by your side can significantly improve your chances of a favorable outcome.
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 a 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 monthly.
Can a violation of probation lead to a jail or prison sentence?
When a person is placed on probation, they agree to meet certain conditions as an alternative to incarceration. Violating any of these conditions can be seen as disregarding the legal system and the leniency provided. Depending on the severity of the violation, the penalties can range from a warning to the reinstatement of the original crime sentence that was suspended at the time of probation.
What is interim probation?
Interim probation typically refers to a probationary period that serves as a temporary or 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.