Queens Probation Violations Defense Attorney
Were You Accused of Violating Your Probation?
Violating your probation order can be a serious problem. When on probation,
you are required to report to your probation officer and there are several
restrictions that you have. The restrictions are put into a probation
order and a violation to the order is a big deal. The violation generally
falls under one of the following categories: technical violation or substantive
- These violations relate to your unique probation order and not meeting
one of the requirements.
- On the other hand, substantive violations are similar to committing a new
criminal offense while you are on probation.
Both types of violations are serious and you need to obtain legal representation
from a probation violation lawyer in Queens to defend you.
Call (888) 715-1735 for probation violation defense.
Common Probation Violations
Technical violations may occur include:
- Failing to appear in court when scheduled
- Failing to report to your probation officer when scheduled
- Failing to pay fines or restitution ordered by the court
- Failing to participate in alcohol or substance abuse treatment
- Failing to perform community service
- Visiting certain people or places
- Failing to perform a drug test
- Failing to maintain employment
Substantive violations may include:
possession, use or sale of illegal drugs
- Committing another crime
- Getting arrested for an offense
Still have questions about how probation is violated? Give us a call and
our Queens criminal defense attorney would be happy to discuss any of
these matters further. We can set up a free case evaluation meeting as
well if you are in need of representation in a probation violation case.
What Are the Penalties for Violating Probation?
There are a few results that can come from an alleged violation. The first
is that your probation officer decides to give you a warning. They do
not have to report every violation and if they see it as fit to just present
a warning, they can choose to do so. This decision generally depends on
the severity of the violation and whether or not violations have occurred
previously. If a warning is not ordered, you may be requested to appear in court.
If this is the case, the probation officer will request some type of penalty
and it is usually granted. The sentencing judge will hear your case and
make a decision regarding if you violated the terms of your probation or not.
If found guilty,
any of the following penalties may be ordered:
- Extended probation
- Additional probation requirements and conditions
- Jail time
- Community service
- Rehabilitation program
- Revoked probation with remaining time served in prison
In order to be found guilty, the prosecution has to prove that you violated
your probation by a preponderance of the evidence. From there, the judge
will consider the type of violation and the seriousness of the offense
when determining your sentence.
Contact The Law Office of Kevin P. O'Donnell For Tough Defense!
If you have been accused or arrested for breaking the terms of your probation,
let us help you. Our defense attorney can look into your unique probation
order and investigate the circumstances of your case. In doing so, we
can look for any possible
criminal defenses that can help you avoid harsh penalties.
Contact us today at (888) 715-1735 to make sure you are protected through every step
of your probation violation case.