If you have been sentenced to probation, you may think that you have avoided the worst consequences of your criminal conviction. However, you should understand that probation is not a free pass. It comes with strict rules and conditions that you must follow, or else you risk facing harsh penalties, including jail time. If you’ve been accused of violating the terms of your probationary sentence, you must continue reading and reach out to a seasoned Queens probation violation lawyer from Vasiliou Law so we can examine your case and begin building a viable defense on your behalf.
If you’re facing a charge of violating the terms of your probation, you’re most likely worried about what the future may hold. That said, with the right Astoria criminal defense lawyer in your corner, you can have peace of mind, knowing your case is in good hands. Vasiliou Law has fought on behalf of those accused of violating probation for years, and we are here to fight for you as well.
Probation is a form of legal supervision that allows you to remain in society under the guidance and monitoring of a probation officer. Probation can last up to five years, depending on the type and severity of your offense. During this time, you must comply with various terms and conditions imposed by the court and your probation officer. Some of the most common probationary terms that we see are as follows:
If you’re accused of violating the terms of probation, you need to contact a seasoned probation violation lawyer at once. A violation of probation is a serious matter that can jeopardize your freedom. Importantly, in New York State, probation violations can be technical or substantive. A technical violation occurs when you break a rule or condition of your probation, such as missing an appointment with your probation officer or failing a drug test. A substantive violation occurs when you commit a new crime while on probation. That said, either violation can result in serious ramifications.
Typically, probation violations are reported by probation officers, but they can be reported by anyone else who has knowledge of the misconduct. If your probation officer believes you’ve violated your probationary terms, he or she will likely either file a declaration of delinquency with the court, or arrest you and bring you before the judge who sentenced you to probation.
A violation of probation can result in various consequences, depending on the nature and severity of your violation, your prior criminal history, and the discretion of the judge. These consequences may include the following:
A violation of probation can be challenged in a hearing before the judge who sentenced you to probation. The burden of proof is on the prosecution to show by a preponderance of evidence that you violated your probation. A violation of probation can be defended using various strategies, depending on the facts and circumstances of your case. Some possible defenses are as follows:
The bottom line is that if you have been accused of violating your probation, you need an experienced criminal defense lawyer who can fight for your future and your freedom. You need Vasiliou Law. Contact us today for a free consultation so we can get started working on your case.