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Staten Island Probation Violation Lawyers

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 State Island probation violation attorney in order to aggressively defend the allegations against you.

What is probation?

Probation is a possible sentencing disposition for a conviction for a State 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.

How long is probation?

For a class A misdemeanor, the state can place you on probation for up to three years. If the offense is a less serious, 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.

A 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 Staten Island, we invite you to contact us.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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