The Consequences of a Probation Violation Accusation

If you are being accused of a probation violation, find out how a proficient criminal attorney in Spring Valley, NY of The Law Office of Kevin T. Conway can help you fight off any probation extensions, modifications, or resentencing that you may be facing.

What are common examples of probation violations?

With your probation, the Pennsylvania courts will tack on conditions that you must abide by during the term. Such conditions vary depending on the extremity and other circumstances of your crime. When you violate any one of your probationary conditions, you are on the line for a probation violation charge. Listed below are some common examples of how you can commit such a violation:

• Leaving the state.
• Removing your monitoring device.
• Losing your court-ordered employment.
• Missing your court-ordered community service.
• Skipping school.
• Possessing or partaking in illegal drugs.
• Patronizing a bar or liquor store or consuming alcohol.
• Leaving drug and alcohol treatment.
• Failing a mandatory drug test.
• Leaving anger management counseling.
• Failing to report to your probation officer.
• Failing to notify your probation officer when you get a new job or place of residence.
• Using a computer.
• Committing or getting arrested for any additional crimes.
• Associating with certain individuals, especially known felons.
• Disobeying your curfew.
• Neglecting to pay all court costs.
• Neglecting to pay court-ordered restitution to the victim.
• Possessing a firearm or purchasing a gun.

What are the potential penalties for a probation violation in New York?

Firstly, in order for your probation officer to bring your violation forward to the New York courts, they only need a “preponderance of evidence.” This is a lesser degree than “beyond and reasonable doubt,” and means that the court has grounds to modify your charges even if they believe that you only possibly violated your probation. Such modifications to your probation read as follows:

• Extending the period of your probation: this is to give you more time to complete the conditions of probation.
• Imposing new or additional probation conditions: these are usually terms such as going to a halfway house, completing classes, performing community service, getting substance abuse treatment, or completing a mental health evaluation.
• Resentencing you completely: this can mean possible jail time.

If you have been accused of a probation violation, you must protect yourself with the right representation. With that being said, it is in your best interest to retain the services of a talented criminal attorney in Spring Valley, NY today.

CONTACT OUR EXPERIENCED ROCKLAND COUNTY FIRM

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.