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Queens Probation Violation Lawyers

Understanding Probation: A Legal Alternative to Incarceration

Introduction

In simple terms, probation is a sentence that a judge will order instead of sending the defendant to jail. At times, there is a short jail sentence before the defendant is placed on probation, but it’s usually not as long as the time served could be if probation weren’t an option. The judge will look at all aspects of the crime and the criminal history of the defendant before making a decision as to whether probation is an option or not. According to Criminal Law, probation involves living in the community for a specified length of time, reporting to a probation officer as required, and often paying fines each month. There are several components that go along with probation that make it easy for the defendant to violate the terms. The defendant might be ordered to attend drug or anger management classes, perform community service, or surrender weapons until the probation period is over. The goal of sentencing someone to probation is to protect both the members of the community, any victims involved in the crime, and the defendant. There is careful consideration that goes into whether a judge will place someone on probation or send the defendant to jail.

Advantages of Probation

There are a few advantages to being on probation. The defendant is able to work and make money in order to pay fines. Money can also be used to support the defendant and the defendant’s family. There is an opportunity to take educational classes to advance in a career or start a new job. Some people who are on probation will use the time to take drug classes or other courses that will help them turn their life around for the better. Any educational or betterment classes that are taken will have a positive impact when the defendant goes back to court to determine whether the probation period should end early or should be extended.

Probation Violations

Unfortunately, there are times when someone will violate the terms of probation. The violation could be intentional, such as not paying required fines or not visiting the probation officer. There are also violations that aren’t intentional. The probation officer has the discretion as to whether a report will be filed or not depending on the history of the defendant and whether there is evidence that the violation is intentional or not.

There are several components to consider when talking about a probation violation according to attorneys.com. One form of violating is a new offense. This means that the defendant has been charged with a new crime. It often means that the person will go to jail and serve the original sentence given along with any time for the new charge. Another violation is one that is technical. There are a few different types of technical violations that include failing a drug test, missing an appointment, or associating with people who have been deemed a bad influence or who have been involved with the crime that the defendant was charged with that led to the sentence in the first place.

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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The probation officer will handle technical violations in one of many ways. The officer will usually talk to the defendant about what happened to get an idea of whether it was done intentionally or not as there are some people who want to serve their jail sentence instead of staying on probation for months or years. Sometimes, the defendant will only receive a warning. If the violation is one that is serious or repetitive, then the officer will likely make a report to the court. This means that the defendant will go in front of a judge to explain what happened with the end result being left in the hands of the judge. There could be an extension of the probation term, or the requirements that go along with the probation might increase. At times, the judge might revoke the probation and sentence the defendant to jail. If the probation term is almost over, then there is a possibility that the judge will terminate the sentence, which means that the defendant will no longer be on probation unless other charges are received in the future.

Defenses

Attorneys at offices like Spodek Law Group can help those who have been charged with a probation violation by examining the evidence presented and looking at the history of the defendant. One of the ways to defend a probation violation is to show the judge that it would be a better option for the defendant to have another chance to prove that the requirements can be followed. An example would be if the defendant is taking classes, has a family to care for, or has started a new job. Another defense is that the violation wasn’t intentional and that the actions were out of the hands of the defendant.

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