Last Updated on: 28th July 2023, 07:20 pm

Probation is a powerful tool for judges, allowing defendants to serve their sentence in the community instead of behind bars. It is a type of deferred sentence, where a defendant may be given a jail term, but is allowed to remain in the community, under strict supervision, to prove that they can abide by the regulations set forth by the court and that they will not commit any further crimes.

An example of probation would be a judge delivering a sentence of 12 months in jail, but suspending 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. But make no mistake, probation does not mean that the defendant is innocent. They are still guilty of the charges, but the judge has determined that it is in their best interest to have a chance to prove that they can reform their ways.

Unfortunately, there are violations that could result in the defendant going to jail for the length of the original sentence. The structure of probation can be difficult to navigate, 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.

The violation of probation is a serious matter, with different types 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 a defendant intentionally ignores the regulations that they’re given. At times, defendants might unintentionally violate their probation. An example might be if a defendant misses an office visit because of an emergency or because they thought that they were supposed to go to the office one day and it was really scheduled for another date. If a defendant does something that would violate their probation but don’t intend to commit the act, they need to contact their officer as soon as possible.

When the defendant violates the terms of probation, there isn’t a set routine that is followed. The probation officer will look at the defendant’s history and the circumstances surrounding the violation, and make a recommendation to the judge. Penalties can range from additional community service, fines, or even revocation of probation and a return to jail to serve the original sentence.

Probation is a powerful tool for judges, but it also comes with great responsibility for defendants. It is a delicate balance, one that requires constant vigilance and dedication to stay on the right track. But with the right mindset, defendants can take advantage of this second chance, and emerge from probation as reformed, responsible citizens.

Bronx Probation Violation Lawyers

Being accused of a probation violation can have dire consequences for your freedom and future. Probation, an alternative form of sentencing, is often offered in New York as a means to avoid harsher penalties such as jail time. However, with probation comes a strict set of rules and regulations that must be adhered to in order to avoid a violation. Failure to comply with these terms can result in a judge revisiting the terms of your probation or even incarceration. It is crucial to seek the guidance of a skilled probation violation defense lawyer in the Bronx as soon as you find yourself facing these allegations.

Before a judge will sentence you to probation, you must agree to and sign a document outlining the conditions and requirements of your probation, as well as the powers retained by the probation department. These may include finding and maintaining employment, submitting to regular drug testing, submitting to warrantless searches, avoiding association with disreputable individuals, following any other conditions such as drug treatment or psychological programs, and reporting to the probation officer as requested.

Typically, probationary periods for misdemeanor convictions are three years, while standard felony probation is up to five years. A violation of probation often occurs when a probation officer notifies the judge of a violation of probationary terms, leading to a hearing in front of the sentencing judge with the assistance of a New York criminal defense attorney. The probation department may request that the judge remove you from probation and put you in jail instead, but your Bronx probation violation attorney will argue for restoring the terms of your probation and proving that no violation occurred.

The judge’s responsibility in this stage of the case is to determine if a probation violation occurred and, if so, what penalties will be imposed. The court may choose to incarcerate the defendant or restore them to probation with potentially new conditions. Another common question is whether or not a probationer can transfer or move probation. Probation is supervised at the county level in Suffolk and Nassau County and requires acceptance from the receiving state. Factors considered when granting a transfer include the probationer’s ability to support themselves, compliance with current probation terms, and availability of housing in the new state.

It’s important to note that parole, administered by the state after incarceration, is a separate consequence than probation. If you have any concerns about the implications of a criminal conviction and the possibility of probation or parole, it’s essential to seek the guidance of an experienced attorney at the time of your conviction. Hiring a Bronx probation violation lawyer is a critical step in defending yourself against these allegations and avoiding the serious consequences that come with a violation. Don’t wait too long, as the longer you do, the greater your risk of severe penalties. Take your probation violation allegations seriously, as it can alter the consequences of the original crime.