If you are on probation – it’s a good idea to not avoid violating it. If you are accused of violating it, you need a criminal defense attorney who has experience handling probation violation cases. Probation is known as the period of time – where an individual convicted of a crime, is let out of jail based on agreed-upon terms. The person agrees to be a responsible citizen. Some probations require you to have regular meetings with your probation officer. The terms of your probation are set by the judge. The probation typically has stipulations regarding what you can, and cannot do. In most cases, you’ll be drug tested etc on a weekly or random basis. Individuals on probation are required to register when they change addresses. In addition, probation can require you to attend meetings, get rehab, or agree to do other things. Probation can be used in lieu of a punishment like jail time, fine, etc.
Probation is an option we can use when negotiating with prosecutors as part of a plea bargain. Alternatively if you’ve violated the terms of your probation – we can help you explain to the court – why it was violated, ask the judge to overlook it – or downgrade the punishment for violating the probation. As probation violation lawyers, we help clients every month avoid potential legal issues as a result of violating their probation. You need to take your probation seriously, because if you violate it – you could go to jail for a long time. Our attorneys can help get probation violation charges dropped, reduced, or result in no jail time.
Prior to being sentenced for probation, you’re required to sign a document called The conditions of probation. It’s a document which is in essence, a contract, that lays out what you cannot and cannot do during probation. It discusses your rights, and the power The Probation Department has over you. You have to review this document with your criminal lawyer. The major specifics of the document is that you allow yourself to be subjected to warrantless searches, find employment, subject to drug testing, report to the probation officer, follow the directions of probation, and not to associate with disreputable individuals.
Felony probations are typically 5 years, and misdemeanor probations are 3 years. If you do not adhere, you will get in trouble. The probation officer will call the judge to inform him/her of your violation. Your case will go to the court and you will have to appear in front of the judge. You will have a Violation of Probation hearing. The lawyer from the Probation department may ask the Judge to put you back in jail. Our probation violation lawyers will argue there was no violation. Ultimately, the judge will have to decide if there was a violation – and how to punish you.
At Raiser & Kenniff, PC, our top notch NYC criminal lawyers are available 24/7 to talk to you. If you decide you need legal help, call us today.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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