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Bronx Probation Violation Lawyers

Probation: A Second Chance at Rehabilitation

Understanding Probation

Probation is a type of deferred sentence where the defendant is given a jail term but is allowed to function in the community instead of going to jail. An example would be if a judge delivers a sentence of 12 months in jail but suspends that sentence for 24 months. The defendant would be on probation for 24 months, visiting a probation officer as required, paying fines and performing other requirements before being released from the suspended sentence. Probation does not mean that the defendant is innocent. The defendant is still guilty of the charges, but the judge makes the decision that it is in the best interest of the defendant to have a chance to prove that no other crimes will be committed and that the person can abide by regulations that are set forth by the court.

Potential Violations and Consequences

Understanding Violations

Unfortunately, there are violations that could result in the defendant going to jail for the length of the original sentence. There are times when the structure of the probation is easier to violate than others, especially if the defendant is placed on an intense sentence where drug tests, community service and being at home by a certain time are regulations of the probation. At times, a judge will order the defendant to spend time in jail and then be placed on probation. According to Criminal Justice Degree Hub, there are some people who will violate the terms of their probation so that they can go to jail because the length of time in jail is often shorter than being on probation. When the defendant gets out of jail, there aren’t any more regulations to follow, and the person can go about living life in a normal fashion.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Understanding the Types of Violations

Violations Of Probation

There are different types of violations depending on where the defendant lives. Probation is often governed by the state government but can be governed by the federal government depending on the crime committed according to FindLaw. In simple terms, a violation of probation is when you intentionally ignore the regulations that you’re given. At times, you might unintentionally violate your probation. An example might be if you miss an office visit because of an emergency or because you thought that you were supposed to go to the office one day and it was really scheduled for another date. If you do something that would violate your probation but don’t intend to commit the act, you need to contact your officer as soon as possible. On the other hand, if you intentionally ignore what you’re supposed to do, then the officer can submit documents that will violate you. Some officers will find any way possible to issue a violation while others will look at each issue to see if there is a solution or a reason before making a decision to issue a violation.

The Legal Ramifications

Penalties for Probation Violations

Just because you’re violated one time doesn’t mean that you’ll go to jail right away. The judge will need to look at the evidence, and you’ll have to go back to court to find out if you’re going to be given a second chance or if your probation will be revoked, which would mean going to jail. Some of the ways that you could violate probation include failing multiple drug tests, not paying fines, not going to court dates or not being home by the time designated in your paperwork. The defendant could also violate the terms of probation by having contact with certain people without permission by the officer or who were involved with the original crime. If the defendant is arrested for another crime while on probation, then it’s usually an automatic violation and can sometimes result in immediately going back to jail to serve the original sentence.

Defense Strategies

Defenses To Probation Violations

When the defendant violates the terms of probation, there isn’t a set routine that is followed. The probation officer will look at your history and the circumstances surrounding the violation before making a recommendation as to what should happen. At times, the officer might recommend that the defendant is given another chance to show that the violation was a mistake. At other times, the officer could recommend that the violation results in an extension of the original probation term. If the officer doesn’t think that the defendant will do anything different, then jail would be a recommendation.

With the assistance of an attorney, such as those at Spodek Law Group, there are a few defenses that can be filed for a probation violation. If the violation is because of a failure to pay fines, then the attorney can file that the defendant is indigent and unable to pay the required amount in full at one time. Defendants who fail to report for an office visit could claim that there was no transportation, there was an issue with a work schedule or that the officer wouldn’t see the defendant because of being late. Other defenses for common violations include drugs being in the system because they are prescribed, causing the defendant to fail a drug test or that the drugs were in the system before the defendant was sentenced. Without the help of an attorney, it’s sometimes hard to defend against probation violation claims

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