New York Criminal Defense Lawyer
Probation Violations
Brooklyn Probation Violations Attorney
Defending Those Who Have Been Arrested for Violating Their 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 of Michael Mullen. Need an attorney for your criminal case in Brooklyn? Our Brooklyn criminal lawyers can help you defend against your charges and avoid the harsh penalties at stake.
Have you violated the terms of your probation? Call The Law Offices of Michael Mullen today at (347) 462-0338 or contact us online to schedule a free case evaluation with our probation violation lawyer in Brooklyn.
Common Probation Violations 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.
What Happens When You Violate Probation?
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:
Extending probation
Adding terms to your probation
Ordering jail time
Revoking probation and ordering prison time
In order to avoid these penalties, team up with a skilled criminal defense attorney in Brooklyn. 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 Our Probation Violation Lawyer in Brooklyn Today
When facing probation violation charges, you need to aggressively fight to have evidence refuted. With the help of an experienced criminal defense attorney in Brooklyn, you could successfully defend against your charges. Team up with a criminal attorney at our firm for the counsel that you need. We have years of experience in the courtroom, both on the district attorney side and as a criminal defense lawyer. Our team also contains a former NYPD captain who has over 15 years of investigation experience.
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