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Brooklyn Probation Violation Lawyers

Understanding Probation

Before looking at violations, one needs to understand probation and how it works. According to CriminalLawyer, probation is a sentencing option so that the defendant doesn’t go to jail. The judge will examine all of the factors in the case and decide on the best sentence for the defendant. Most of the time, the judge will suspend the original jail term for probation that will last a certain length of time. The defendant can then go home to be a member of the community once again. However, there are a few requirements that the defendant will need to abide by in order to stay out of jail. If the defendant doesn’t adhere to these requirements, then the probation officer can issue a violation.

The Conditions of Probation

The conditions of the probation sentence are catered to the defendant based on the criminal history and the nature of the crime that was committed according to FindLaw. At times, the defendant is placed on supervised probation. This means that there are intense requirements that need to be satisfied before being downgraded to a less restrictive level of probation. There will be monthly reports to the probation officer. The officer can also come to the home to ensure that the defendant isn’t committing any new crime and to ensure that the address is current and that the defendant hasn’t moved. If the defendant has a curfew, then the officer can stop by at any time to make sure the person is home after that designated time. Payments need to be made each month. These payments could cover restitution if the crime involved stealing money or property along with court costs and other fines. Drug treatment classes and counseling sessions can also be included in the terms of the probationary period. Defendants who do as the officer requests and follow the terms that the court imposes won’t see any issues and can sometimes be released from probation early.

Violating Probation

There are times when someone will do something either intentionally or unintentionally to violate the terms of probation. Some people will do something to violate the terms just to go to jail because the jail sentence is shorter than the length of probation. When someone is on probation, the term is monitored by the state of federal government. Serious crimes are monitored by the federal government with serious consequences for violations. There are a few ways that probation can be violated. Sometimes, the officer will only give a warning about the actions that take place instead of submitting a violation, especially if the defendant has proved that the violation was not intentional. Most officers will go by a three strikes and you’re out rule where the defendant has three chances of mistakes and learning from those mistakes before the activation of jail time is recommended.

One of the ways to violate a probation sentence is to commit a new crime. This is usually an automatic violation that results in the judge enacting the original jail sentence along with any punishments for the new crime that was committed. Another way that people often violate probation is by not making visits each month to the probation officer. Not paying the required monthly fees is another common way that people will violate the terms of the probation. These two issues can sometimes be handled by the officer without going to court. The defendant would need proof that there was no way to get to the office on time or that there are circumstances preventing payments being made on time. Some officers will accept a minimal amount of money as long as an effort is being made. If the defendant can’t get to the office, then the officer can sometimes make arrangements to visit the home.

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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There will be hearings throughout the probation term. If the defendant doesn’t go to those hearings, then it will likely result in a violation. One might think that a job wouldn’t have anything to do with being on probation, but getting and keeping a job is often a requirement, especially when it comes to verifying locations of the defendant and making sure payments are made on a regular basis as the court can request that the company take the payment out of each check. There are often requirements that the defendant not associate with others who were involved with the crime or be in specific locations. Failing a drug test is a common way that probation violations occur as well.

Consequences

When appearing in front of the judge, there are a few things that could happen in regards to the probation violation. One would be to add more time to the sentence. Another would be to send the defendant to jail. If the defendant is almost finished with probation, then the judge might terminate unsuccessfully.

Seeking Assistance

An attorney can help with probation violations by offering defenses as to why the action took place. Common defenses include not working enough hours, family emergencies or confusion with dates and times. The attorney can recommend other options than going back to jail after the violation has occurred.

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