There are few things more damaging than receiving a jail sentence. Oftentimes, courts will put individuals on probation in lieu of jail. However, if you are charged with violating probation, you may find yourself in serious trouble. Please continue reading and speak with our knowledgeable Rockland County criminal defense attorney to learn more about violating probation in NY and how we can help you. Here are some of the questions you may have:
What are some of the most common terms of probation?
Some of the most common punishments associated with probation are as follows:
- You will most likely be assigned a Probation Officer that you will have to report to
- You may have to attend court-ordered drug/alcohol rehabilitation programs.
- You may have to pay heavy fines
- Agreeing to be subjected to random searches
- Being court-ordered to get, and keep a job
- You may have to pass regular drug tests
What constitutes a violation of probation in New York?
There are several ways in which an individual may violate probation. Some of the most common probation violations our firm sees are as follows:
- Getting arrested for another crime while on probation
- Not paying required fines
- Failing drug tests while on probation, or neglecting to attend court-ordered drug/alcohol rehabilitation programs
- Being caught in possession
What happens if I am caught violating probation in New York?
First, you will be brought in front of the same judge who initially sentenced you. From here, you may either deny or admit to violating your probation. Keep in mind that it is your right to retain the services of an experienced Rockland County criminal defense attorney during this process. If you admit to your charges, you will either be sent to jail or, if you are remorseful and your violation was not a major one, you may be resentenced to probation. That being said, if you deny your charges, you will have to attend a hearing, where the court will have to prove a preponderance of evidence that you violated your probation. Essentially, this means that the court must determine that the fact that you violated probation is at least 50% probable. Rather obviously, this is a far higher standard than “beyond a reasonable doubt.” If you are found guilty, you will most likely be sent back to jail. If you are facing charges for violating your probation, you must give us a call today. We are here to help you fight those charges so we can work to obtain the most favorable outcome possible.
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.