Queens Probation Violation
Have you been assigned probation as part of a punishment for a conviction of a crime or a plea bargain you made with the district attorney? The criminal justice system in New York takes any alleged violations of probation very seriously, and this could even lead to serious consequences like jail time. Your legal rights should be protected if you have been accused of violating probation. If you don’t know how to proceed or you ignore a case in which the officer believes you violated probation, you could wind up in jail anyways. Most people who fight for probation do so because they don’t want to go to jail- make sure that you’re protecting your freedom when you’ve been accused of violating an existing probation order. You’ll need to respond quickly whether the original charge was a misdemeanor or a felony.
A Queens probation violation lawyer will be able to figure out the evidence that may be used against you with a VoP or violation of probation. Without a probation violation defense attorney in Queens, you may make mistakes in your case that could cause you to face the original consequences of such a conviction. Some of the most common situations in which VoP charges apply in Queens include sex crimes, white collar crimes, weapons possession, drug charges, assault, DWAI and DWI, and burglary crimes.
A legal consultation with a Queens probation violation lawyer is strongly recommended for anyone who has been notified that a VoP has been filed against them. Probationary terms in New York depend on the original classification of the crime in question. Your probation violation defense lawyer in Queens will explain this to you at the time of your conviction or plea bargain. This should encourage you to avoid violating any of the terms of probation, but in the event that your probation officer believes you have committed a violation, you need to be prepared to respond accordingly with a comprehensive defense. If probation is revoked because of a VoP, the person involved could be sentenced to imprisonment and probation. The probation sentence can become a year or the remaining term of the original probation but the courts have discretion over this.
There are many different stipulations that may apply to your original probationary conditions. It is important to be aware of these at the time of your conviction so that you can avoid potential violations. The best way to avoid violations is to be clear about the conditions that could, upon violation, lead to further consequences. Some of the most common conditions required with probation in New York include:
- Paying restitution to the original crime victim
- Abstaining from alcohol and drugs by passing urine tests
- Finding gainful employment
- Avoiding any future criminal charges
- Avoiding contact with known criminals
- Participating in substance abuse counselling
- Obeying a curfew
- Refraining from possession of illegal firearms or drugs
- Regularly checking in with your probation officer
- Staying inside the court's jurisdiction unless your probation officer has given you permission to leave
When a placement agency or probation officer suspects that you have committed a violation, he or she files a VoP with the court. This could be based on a substantive violation such as being arrested for a separate crime or a technical violation like failing to show up with your probation officer. The VoP triggers a VoP hearing, usually presided over by the judge who gave you the original sentence. It is important to be prepared for this and consult directly with your defense attorney about the best way to protect yourself. When the hearing ends, the judge has discretion to modify the terms over your existing probation, to continue the probation as is or to revoke it completely.
If you are found guilty of the violation charge, your probation is revoked and you will be sent back to prison to face the original term sentence for the first crime. These sentences can be severe and can interrupt your life significantly. For this reason you need to be prepared to protect yourself and hire a knowledgeable probation violation defense attorney to represent you- have someone on your side from the outset.