If you are accused of violating probation, the consequences can be significant, particularly if you have previous convictions on your record. Knowing how to respond to an alleged probation violation requires the insight of an experienced attorney.
A Brooklyn probation violation lawyer can help you figure out the best way to present the evidence against a claim that you have violated probation. Without a probation violation lawyer in Brooklyn, you expose yourself to making common mistakes that could lead to catastrophic consequences. Particularly since probation violation could land you back to jail, you need a probation violation defense attorney in Brooklyn who will act swiftly to help to protect your interests as well as your future. The criminal justice system takes a very aggressive stance on violations of probation.
As any probation violation defense attorney in Brooklyn can tell you, you could be sent back to jail to face your original sentence or be responsible for paying high fines. Therefore, you need a lawyer who is prepared to fight the charges and protect your legal rights. There are many different types of crimes for which a VoP or violation of probation charge may apply. These include weapons possession, white collar crimes, drug charges, assault, sex crimes, theft, burglary and robbery, and DUI and DWAI.
Many people confuse parole and probation; whereas parole relates to an early release from prison or jail, probation allows a convicted person to avoid jail completely, so long as he or she complies with the conditions and rules of probation. The criminal courts in New York may award probation to suitable individuals convicted of misdemeanor or felony offenses. Anyone who does not pose a safety risk to the public at large is likely to receive a punishment of probation. The length of your probationary period depends on the original classification of your offense. For unclassified misdemeanors, for example, an original sentence that is shorter than 3 months will lead to a year of probation.
An original sentence longer than 3 months will lead to up to 3 years of probation. For Class B misdemeanors, with charges of public lewdness, probation carries up to 3 years. However, all of their offenses are one year. For a Class A misdemeanor, sexual assault carries a probationary term of 6 years whereas all other offenses are of 3 years. For felonies, sexual assault carries 10 years of probation, Class A-2 drug felonies carry 25 years, criminal sale of controlled substance to a minor is 25 years and all other offenses may lead to 5 years of probation. If the court determines to revoke the probationary terms and sentence the accused person with probation and imprisonment instead, the probation sentence is one year or the remaining term of the original probation, whichever of these is longer.
Numerous responsibilities apply for someone who is on probation such as finding gainful employment, avoiding criminal charges or arrest, performing community service and paying restitution to the victims of the original crime as ordered by the judge. If your probation officer or replacement agency believes that you have committed a violation, whether technical or substantive, you will receive a notice of a VoP filed with the court, and the court will schedule a hearing for you to respond. When the hearing is over with, your probation may continue as is or it could be modified with revised terms or completely revoked. You need to have a criminal defense attorney at your side to assist you with this process.
Probation may be a good alternative to going to prison, and your lawyer may suggest probation early on in your defense strategy as a possible option if you’re convicted. For most people facing criminal charges, probation is preferable to other consequences. However, when you are given probation rather than another sentence, you can always be reverted back to that original sentence on a violation. Many common probation violations happen for seemingly innocuous reasons like missing a meeting with a probation officer. It might seem like a small matter to you, but the court and your probation officer will view it differently. They are likely to make you explain what happened and during that time, the potential for the original consequence is still present.