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Bronx Probation Violation

Being accused of violation of probation can have serious consequences. Probation is an alternative type of sentencing that frequently happens in New York when the defendant wishes to avoid other negative criminal consequences like being put in jail. One of the terms of probation, however, is that you must comply with all of the rules and regulations in order to avoid a probation violation. When you have been accused of breaking the rules as it relates to your probation, waiting too long could jeopardize your freedom itself. Contact a probation violation defense lawyer in the Bronx right away.

If a violation of probation allegation has merit, then a judge can revisit the terms of your probation or incarcerate you instead and it is important to have a criminal attorney who understands these situations. Probation is a sentencing tool used by New York judges after a defendant has been convicted.

Before a New York judge will sentence you to probation, you must agree to the conditions of probation and sign a document. This lays out the requirements of the probation as well as the powers and rights retained by the probation department. The major requirements of the person who must comply with probation include:

  • Finding and maintain employment
  • Submitting to drug testing regularly
  • Submitting to warrantless searches
  • Not associating with disreputable individuals
  • Following any other conditions of probation like drug treatment or psychological programs
  • Reporting to the probation officer as requested

Typically, with a misdemeanor conviction, your probationary period will be three years and a standard felony probation is up to five years. A violation of probation often happens in a situation in which a probation officer calls the judge to notify him or her of a violation of probationary terms. You will need to appear in a hearing in front of the sentencing judge with the help of your New York criminal defense attorney. The probation department may ask that the judge remove you from probation and put you in jail instead. However, your Bronx probation violation attorney will be requesting that the criminal court restore the terms of your probation and argue there was no violation to begin with.

The responsibility of the judge at this stage in a case is determined whether or not a probation violation occurred. If the answer is yes, then the court is responsible for determining what penalties will be imposed. The court may ask that the defendant be incarcerated or that the probationer be restored to probation even with potentially new conditions. One of the most common questions associated with probation violations in New York is whether or not a probationer can transfer or move probation.

Probation is supervised at the County level in Suffolk and Nassau County, so the county must accept your probation. If asking for a transfer, there are several different factors to which the probation officer of the sending state and the probation officer of the receiving state will have to agree. These include:

  • The probationer’s ability to support himself
  • The probationer's compliance and good standing with current probation terms
  • Availability of housing for the probationer in the new receiving state

Parole is only administered after incarceration and parole is administered by the state. This is a different type of consequence than probation. If you are concerned about the implications of a criminal conviction such as probation or parole, you should have these questions answered by an experienced attorney at the time of your conviction. Hiring a Bronx probation violation lawyer if you are accused of violating probation is an important process because you could be facing serious consequences if you choose not to take action. No one wants to find themselves in the midst of a probationary violation and the right attorney can help you craft a compelling defense strategy to ward off the potential challenges associated with a conviction and your probation violation allegations.

Whether you’re facing white collar crime allegations or any other kind of charges, the longer you wait, the greater your chances of serious consequences for an alleged probation violation. This is a charge that can alter the consequences of the original crime, so take it seriously.

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