Probation is a criminal sanction where an individual is subject to community supervision in lieu of a prison sentence. If you have been placed under probation in New York, the Conditions of Probation dictate the requirements that you must abide by during your period of probation.
Conditions of probation may require that the probationer:
- Subject himself to a warrant-less search
- Find and maintain employment.
- Pass periodic drug tests
- Report to an assigned Probation Officer
- Follow the directions of Probation, such as drug or alcohol treatment programs.
- Payment of fines or restitution
Failing to adhere to the conditions of your probation constitutes a probation violation, which can result in serious penalties, including revocation of probation and incarceration.
Common ways a probation violation can occur:
- Being arrested for a new crime
- Failing to pay required fines or restitution
- Failing drug tests
- Failing to attend a scheduled court hearing
- Failing to attend drug or alcohol treatment programs
- Possessing illegal substances
If you have been charged with a probation violation in New York, the court must find beyond a preponderance of the evidence that you violated your probation. Likewise, before your probation can be revoked, you have the right to be heard, the right to present evidence and the right to cross-examine witnesses. You also have the right to counsel.
Our New York Probation attorneys offer experienced, zealous representation to help mitigate the consequences of a probation violation.
Likewise, if your alleged probation violation is due to allegations of a new charge, our attorneys can provide you with aggressive representation on the new charge and work to minimize the effect of that charge on your probation.
Contact our DUI Attorneys to find out how we can defend your rights against a probation violation charge by calling 646-871-1609.