If you have allegedly violated the terms of your probation, please read on, then contact an experienced Rockland County criminal defense attorney to learn what you should know about probation violations in New York.
What are some types of probation violations in New York?
The list of potential probation violations in the Empire State is long and varied. However, some of the most common violations are as follows:
- Visiting restricted areas or people
- Not completing community service
- Missing appointments with your probation officer
- Not finding or maintaining verifiable employment
- Committing a new crime
- Possessing controlled substances
- Failing to complete counseling
If you are alleged to have committed these or other violations, you will most likely face a probation hearing.
What does a hearing for probation violations look like in New York?
Hopefully, you have a competent criminal attorney on your side, because you do not want to stand in front of the judge alone. Probation trials are different than criminal trials because they present some extra challenges. The first part of a probation violation trial will be determining guilt. At this point, you can plead guilty or not guilty. Please keep in mind that in probation trials, the prosecutors do not have to prove guilt “beyond a reasonable doubt.” Instead, they just have to prove a “preponderance of the evidence,” which is a lot smaller of a burden.
The second part of a probation trial is sentencing. This occurs if you pled guilty or were convicted. The judge will decide your new sentence. He or she may be the same judge you faced for the original crime or a different judge entirely. Even if you are found guilty at this hearing, a skilled lawyer like, Carl Spector, Esq., can still keep you out of jail.
What are the consequences of a probation violation in New York?
If you sustain a conviction for a probation violation, you can be charged with a violation of probation (VOP), have your non-custodial sentence revoked and be re-sentenced to a jail or prison term. The exact consequences you face will depend not only on the information presented in court and testimony by your parole officer or other witnesses but also on the strength of your defense. That being said, it is not a guarantee that you will go back to jail. A qualified legal representative will analyze the details of the situation and use his or her in-depth knowledge of the legal system to get you the best outcome possible. Your fate is not predetermined, so let our legal team fight for you today.
Contact our experienced Rockland County firm
Those facing criminal charges in New York need a strong Rockland County criminal defense attorney who knows the ins and outs of the criminal justice system. Fortunately, our firm is ready to put over 30 years of experience to work for you. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation. We are ready to help you go on living life positively, happily, and free from the burdens of a criminal conviction–all you have to do is ask.
