Probation Violations in Manhattan
Arrested for violating your probation in NY?
If you were convicted of a crime and put on probation as a penalty, you have strict rules to abide by. Probation is often ordered as an alternative to being put in jail. Some see this as a lenient and preferable consequence, but if you violate your probation in any way you could be facing even harsher penalties. When on probation, you will generally have a probation officer that is supposed to keep an eye on you to make sure you are following the regulations of your probation. This can involve meetings, drug tests and other methods of keeping tabs.
Probation violation charges often come about over misunderstandings or assumptions. If you have been arrested or charged for violating the terms of your probation, contact The Law Offices Rothman, Schneider, Soloway & Stern. Need an attorney for your criminal case in New York City? Our New York criminal lawyers can help you defend against your charges and avoid the harsh penalties at stake.
How Probation Can Be Violated in New York
Each state has their own laws regarding probation violations. Any type of refusal or avoidance of a term in your probation can lead to a violation.
Some of the common violations that we have seen include:
Failing to appear to a court appearance when scheduled
Failing to report to your probation officer when scheduled
Failing to pay ordered fines or restitution
Traveling out of the state without receiving permission
Going to certain places or visiting certain people without permission
Using or having drugs in your possession for use or sale
Being arrested or charged with other offenses
Committing a crime
There are other ways to violate a probation order, depending on the unique terms of your probation. If you have questions regarding probation violations do not hesitate to contact our firm. We would gladly discuss your case and the steps you need to take if you are facing charges.
After Probation Orders are Violated
The probation officer has several options when it comes to violations. Some of them may choose to just give you a warning while others may order your appearance in court. This decision can vary depending on the violation and the severity of the situation plus any previous violations. If you do have to go to a hearing, there will be a sentencing judge to hear your case. A prosecuting attorney will try to prove that you violated your probation by a preponderance of the evidence which means by a likelihood over 50%, but the judge will ultimately decide. If deemed guilty at the hearing, sentencing will take place.
Some of the sentencing options include:
Adding terms to your probation
Ordering jail time
Revoking probation and ordering prison time
In order to avoid these penalties, team up with our skilled criminal defense attorneys in Manhattan. You need to be aware of your rights when going through this process. First, be sure that you obtain a written notice of the alleged violation against you. Then, you have the right to have your case heard in front of a neutral judge in court. You also have the right to legal representation who can help you in providing evidence and witnesses to help your case.
Contact The Law Offices Rothman, Schneider, Soloway & Stern
When facing probation violation charges, you need to aggressively fight to have evidence refuted. With the help of an experienced criminal defense attorneys in Manhattan you could successfully defend against your charges. Team up with a criminal attorney at our firm for the counsel that you need.
100 Lafayette Street. Suite 501
New York, NY 10013