Last Updated on: 19th October 2023, 12:09 pm

Brooklyn Probation Violation Lawyers

Getting arrested for a probation violation can be scary. But with the right lawyer on your side, you can get through it. This article will give you the lowdown on probation violations in Brooklyn and how an experienced attorney can help.

What is a Probation Violation?

Probation is a sentence where you avoid jail time in exchange for following certain rules and conditions. The judge orders probation instead of jail to give people a second chance. But if you break any of the probation terms, you can get locked up for a probation violation.

Some common probation violations include:

• Failing a drug test
• Getting arrested for a new crime
• Not keeping up with probation check-ins
• Leaving the state without permission
• Not completing court-ordered programs

Even minor slip-ups can land you in hot water. For example, if you’re a few minutes late for an appointment with your probation officer, they might claim it’s a violation.

Probation Violation Charges in Brooklyn

If you’re accused of a probation violation in Brooklyn, here’s what you can expect:

1. Your probation officer will file a Violation of Probation (VOP) report outlining how you allegedly broke the rules.
2. The judge will issue a warrant for your arrest.
3. Once arrested, you’ll go before the judge for a VOP arraignment. The judge will either set bail or release you until the violation hearing.
4. At the VOP hearing, the D.A. must prove you violated probation. If so, the judge can send you to jail for up to the remainder of your original sentence.

The stakes are high, so having an experienced Brooklyn probation violation attorney is crucial. A knowledgeable lawyer can often get the charges reduced or dismissed. They may also convince the judge to reinstate probation instead of jail time.

Finding the Right Probation Violation Lawyer in Brooklyn

Not just any lawyer will do. Look for a Brooklyn attorney with extensive experience handling VOP cases. Here are some tips:

• Search for lawyers who specialize in probation violations.
• Check client reviews and look for proven results getting VOP charges dismissed.
• Choose someone who makes you feel comfortable – you’ll be working closely together.
• Avoid lawyers who make unrealistic promises or push you to plead guilty.
• Ask about legal fees upfront so there are no surprises.

Personal referrals from friends or family who’ve been through this are invaluable. Or reach out to respected organizations like the Brooklyn Bar Association for recommendations.

How Can a Lawyer Defend Against Probation Violations?

An experienced attorney will thoroughly investigate the allegations and build the strongest defense. Here are some strategies they may use:

• Challenge the validity of drug tests – Faulty tests sometimes generate false positives.
• Dispute “failure to report” claims – If you have proof you met all check-in requirements.
• Argue unavoidable circumstances – Like missing an appointment due to illness or lack of transportation.
• Claim mistaken identity – You weren’t the one who got arrested or failed the drug test.
• Assert your probation officer is biased – Some officers get a “guilty until proven innocent” mentality.

An experienced lawyer will also advise you on your legal rights, review the charges, and negotiate firmly with the D.A. Their goal is getting your probation reinstated or charges dismissed without jail time.

What Happens if You’re Found in Violation of Probation?

If the judge decides you violated probation, there are a few potential outcomes:

• Jail time – For up to the balance of your original sentence.
• More probation – With the same or additional conditions.
• Probation with extra community service – Or participation in counseling/rehab programs.
• Fines – On top of any other penalties imposed.

An attorney may be able to convince the judge to reinstate probation instead of harsher penalties. But if jail time is handed down, they can help get your sentence reduced as much as possible.

The Takeaway

Messing up while on probation can have serious consequences. But an experienced Brooklyn probation violation attorney can make all the difference. They have the skills to protect your rights, defend against allegations, and achieve the best possible outcome. Don’t go it alone against the criminal justice system. Get an expert lawyer on your side.

References

Here are some helpful resources on probation violations in Brooklyn:

• Brooklyn Defender Services – Leading public defense office handling many VOP cases.
• Kings County Criminal Court – Official court site explaining the VOP process.
• New York State Probation Rules – Full text of the laws governing probation terms and violations.
• Brooklyn Treatment Court – Court-mandated rehab program for probationers battling addiction.
• Brooklyn Veterans Treatment Court – Special court for veterans facing probation violations.