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Staten Island Probation Violation Lawyers

Facing Probation Violation Charges in Staten Island

If you’re facing a charge of probation violation in Staten Island, you may be facing significant time in jail, extended probation, and additional fines. However, you have a right to a hearing and a right to present a defense. The courts consider probation an alternative to jail. When you’re facing an allegation that you violated your probation, it’s important to work with a Staten Island probation violation attorney in order to aggressively defend the allegations against you.

Understanding Probation

Probation is a possible sentencing disposition for a conviction for a Staten Island criminal offense. You might receive jail time followed by a term of probation, or you might receive no jail and a term of probation. Probation isn’t mandatory in every case. The court can sentence you to jail time without probation, or they can give you both no jail time or probation. Your exact sentence depends on the circumstances of your offense.

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.
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.

Duration of Probation

For a class A misdemeanor, the state can place you on probation for up to three years. If the offense is less serious, a class B misdemeanor, you may face up to one year on probation. You can also receive probation for a felony offense.

Common Terms of Probation

Your probation might have many requirements, or it may have fewer obligations depending on the nature of the offense and the judge’s sentence. Some probation requires a great deal of reporting to a probation officer. Others serving a term of probation don’t often check in with their probation officer even though they have specific terms to follow.

Common terms of probation for Staten Island include refraining from using drugs, alcohol, or any medication not prescribed for you. You may have to report to probation and the court if you change your address or telephone number. You may be ordered to avoid violating any law of any unit of government.

The terms of your probation may require you to avoid associating with people who have felony convictions. In addition, you may have to submit to a breath, urine, or saliva test to check for alcohol or drug use at the request of a law enforcement officer. You may have to seek treatment for a drug or alcohol problem.

Understanding Probation Violation

When a probation officer believes that a person has violated their probation, they can bring an allegation of probation violation to the court. This often occurs when a person fails a test for alcohol or drug use. Failing to appear at the request of a probation officer is another common reason for an alleged probation violation. Offenders can face both a probation violation and new criminal charges if they violate the law while they’re on probation.

A person can face immediate arrest if they’re charged with a probation violation, or they might receive a summons to appear in court to answer for the allegation. The court might order the person charged to wait in jail until they have a hearing on the violation, or they might allow the person to post bond or remain free on their own recognizance. The person charged may plead guilty or not guilty.

The Right to a Hearing

When you’re charged with a probation violation, your liberties are at stake. That is, the court can revoke your probation and send you to jail. That makes it important to aggressively address the charges against you. You’re not guilty of probation just because a probation officer makes the accusation. Instead, you have a right to a hearing to examine the charges against you.

The burden of proof for probation violation is preponderance of the evidence. That means that the state has to prove that it’s more likely than not that you violated the terms of your probation. This is lower than the state’s burden to prove your guilt of a crime. That standard is beyond a reasonable doubt. The preponderance of the evidence standard usually just means that it’s more likely than not that the allegation is true.

Common Defenses

A common defense to a probation violation allegation is a chemical testing error. When you’re tested for alcohol, often the probation officer doesn’t know if the person who administers the test ensured the test’s accuracy. The state might not bother to document this evidence because they think you won’t think to challenge the accusations.

Probation is often a lot of paperwork. You might have evidence that you completed the terms of your probation such as your treatment for substance abuse. The probation officer might have lost this paperwork. Sometimes, clearing up a probation violation is a matter of submitting this paperwork in order to clear up the discrepancy.

Why Work With Us

If you’re facing a probation violation charge, our team of Staten Island probation violation attorneys can help. We can examine the charges against you to see if the state can prove the allegations. In some cases, we can work with the state’s attorney to clear up the matter or arrange for a dismissal as part of a plea deal if there are new charges. If you’re facing a probation violation in Staten Island, we invite you to contact us.

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