In the vast majority of cases, being on probation is infinitely preferable to incarceration. However, being on probation in the Empire State comes with a long list of restrictions and requirements. Violate even one of these terms and you could face new scrutiny and punishment from New York State courts. If you find yourself in this unenviable position, please continue reading, then contact an experienced Nassau County criminal defense attorney to learn what you should know about probation violations in New York.
What actions constitute probation violations in New York?
As alluded to above, many alleged actions on your part can be classified as probation violations. That being said, some of the most commonly cited violations are as follows:
- Visiting restricted areas or people
- Not completing community service
- Missing appointments with your probation officer
- Not finding or maintaining verifiable employment
- Committing a new crime
- Possessing controlled substances
- Failing to complete counseling
You will most likely face a probation hearing if you are alleged to have committed the above-listed or any other violations.
How does New York conduct hearings for probation violations?
Because you do not want to stand in front of the judge alone, you would be strongly advised to retain the services of a skilled criminal defense attorney. Probation hearings are broken into two parts. First, the court must establish whether or not the defendant is guilty of having violated the terms of his or her probation. In probation hearings, prosecutors do not need to prove their case “beyond a reasonable doubt,” but merely by a “preponderance of the evidence.” This is a much lower standard. If you plead guilty or are convicted, the judge will decide your new sentence. At this point, he or she can have your non-custodial sentence revoked and re-sentence you to a jail or prison term.
However, this is not a foregone conclusion, in which case you should reach out to Jacob A. Rudman, Esq. today. Together, you can discuss the particulars of your case, including the evidence of your alleged violation, weigh your options and begin crafting your strategy. Remember, you are still presumed innocent until proven guilty. Let us help maintain that presumption.
CONTACT OUR EXPERIENCED NEW YORK FIRM
Whether you need a Nassau County Criminal Defense Lawyer or traffic ticket attorney, The Law Office of Jacob A. Rudman is here to help. Our firm has significant experience representing clients facing a wide range of criminal charges, including DUIs, drug crimes, domestic violence, assault, juvenile crimes, and more. If you have been issued a traffic ticket, it is important to contact us today. We zealously represent clients facing tickets for speeding, reckless driving, driving without a license, and those caught using a mobile device. Contact us today to schedule your first consultation with our trusted legal team.