Probation allows you to continue living a productive life while serving your sentence. According to the State and Federal constitutions, New York judges may offer two categories of probation: interim and sentence probations. Interim probation is awarded to suspects before their verdicts are read out. However, most probations are often given after the defendant has been convicted and are part of a sentence hence the term sentence probation.
Probation is therefore viewed as a better alternative to spending time in jail, and many convicts work hard to earn it in their final years of serving jail time. They must prove that they have been rehabilitated and are ready to fit into society seamlessly. In addition, those under probation have a higher responsibility of remaining clean and upholding the terms of probation. If you have violated New York city probation terms and conditions, it is wise to immediately contact a criminal defense attorney who can represent you during the probation violation hearing.
How do probation violations work in New York?
Before you are sentenced, your attorney will work with a prosecutor on terms and conditions for probation. You will also have to sign probation terms of agreement before it is included in your sentence and presented before a judge.
Standard terms and conditions of probation
The terms and conditions for probations in New York vary depending on your case. However, a common characteristic is that you will be assigned a probation officer to monitor you. You will have to report to this officer regularly as they keep track of your record, including behavior, drug tests, and even job status. They are required by law to report any mishaps on your side, which could see you lose your probation privileges.
Other standard terms include:
- Remaining within your local state boundary. A probation officer ensures that this is followed.
- Submitting to random unwarranted searches
- Submitting to a random drug test; if staying drug-free was included in your probation terms.
- Securing employment
- Keeping off red zone areas
- Adhering to State and Federal laws
- Paying fines and taxes
These terms and conditions may seem straightforward, but some may violate them without their knowledge and get penalized fully.
Common probation violations in New York
Here are common ways in which you may violate your probation in New York
- Neglecting court orders, including not reporting to your probation officer
- Owning narcotics
- Committing other crimes than the one convicted
- Skipping fine payment routines
- Failing drug tests
- Going out of the local state without notifying your probation officer
- Other actions that are contrary to the terms of your agreement may also lead to a violation of your probation.
What next after violating probation in New York?
Once you have been prosecuted for violating the terms of probation, you have a chance to either deny or accept the charges laid against you. If you admit it to the authorities and display regret, the judge may resentence your probation if the charges were not serious. However, New York judges take probation violation charges seriously, and your probation privileges may be fully withdrawn.
If that is the case, you may wish to deny the charges. In this case, you also have to seek the services of a qualified criminal defense attorney to represent you in court. The prosecution must only prove that the ‘preponderance of the evidence presented to the court is only 50% true, which will earn you a jail term. A criminal defense attorney can help you traverse the murky waters of the American judicial system and keep you out of jail if possible.
Get in touch with our experienced criminal defense attorneys at the Law Offices of Norman Mattar to get the representation you need.