Probation offers a community-based alternative to incarceration for convicted individuals, allowing them to avoid jail time. While on probation, individuals must comply with certain criteria, which include attending regular meetings with a probation officer, finding stable employment, participating in counseling or rehabilitation programs, and avoiding substance use. If they fulfill these requirements, they can enjoy freedom within their community and partake in everyday activities. However, non-compliance can lead to a probation violation, resulting in serious consequences, including further legal penalties or imprisonment, undermining probation’s rehabilitative goals. For more information on the effects of probation violations, reach out to The Law Office Of Benjamin Greenwald at (845) 567-4820 to consult with our knowledgeable New York criminal law attorney about your case.
What Is a Probation Violation?
According to the Division of Criminal Justice Services in New York, a probation violation happens when an individual serving a probation sentence does not follow the court’s specific conditions. These conditions may include attending regular meetings with a probation officer, completing community service, avoiding illegal substances, or adhering to curfews. When someone violates these terms, it can lead to serious consequences, including the possibility of jail time or an extension of the probation period. For these reasons, individuals on probation need to be fully aware of their obligations to maintain their freedom and protect their future opportunities.
The Different Types of Violations
Probation violations can be divided into two primary categories, each reflecting different aspects of non-compliance with probation requirements.
Technical Violations
As defined by the New York Department of Corrections and Community Supervision, technical violations arise when a probationer fails to adhere to the specific terms and conditions established during their probation. These can include:
- Missing Appointments: Failing to attend scheduled meetings with a probation officer, which are critical for monitoring progress and ensuring accountability.
- Drug Testing Failures: Testing positive for illegal substances, indicating a breach of the condition to remain substance-free.
- Incomplete Community Service: Neglecting to fulfill the mandated hours of community service, which is often a requirement aimed at rehabilitation and restitution to the community.
Substantive Violations
Substantive violations are major breaches of probation terms that involve committing new criminal offenses while on probation, such as:
- Being arrested for theft or assault
- Involvement in activities like drug trafficking
- Driving with a suspended license
What Happens After a Probation Violation Is Discovered?
When a probationer fails to adhere to the terms and conditions outlined in their probation agreement, their probation officer will likely take action by filing a formal Violation of Probation (VOP) with the court. This process signals that the individual may have breached the rules intended to guide their rehabilitation and supervision. The hearings for a probation violation are distinct from standard criminal hearings or trials. One key difference is that probationers facing Violation of Probation charges do not possess an automatic right to have their case heard by a jury. Instead, the responsibility for determining the outcome rests entirely with the presiding judge. This means that the judge will evaluate the evidence and make a ruling based on the circumstances of the alleged violation. For a probationer to be found guilty of the violation, the District Attorney’s Office carries the burden of proof. They must convincingly show that the violation was both willful and intentional, indicating that the probationer knowingly failed to adhere to the requirements set by the court. If the prosecution successfully meets this burden, the judge will determine the appropriate course of action, which may include the imposition of new penalties, modifications to the terms of probation, or even the revocation of probation altogether, resulting in possible incarceration.
What Are the Consequences of Not Complying with Probation in New York?
Depending on the specific circumstances surrounding a probation violation and the severity of that violation, individuals may be able to avoid jail time. In New York, if a probationer is accused of violating their probation, they will be summoned to appear before the sentencing judge who oversaw their original criminal case. During these court appearances, the judge can delay a final decision regarding the case. This delay may allow for an assessment of whether the probationer genuinely intends to comply with the law in the future and whether they deserve another opportunity to fulfill the terms of their probation. Yet, in more serious cases, the judge may decide to revoke the individual’s probation entirely. This means that instead of continuing on probation, probationers could face jail or prison sentences due to their actions.
After being found guilty of a probation violation, a probationer’s sentencing will typically occur shortly after their hearing. At this stage, the court will evaluate their situation and will make one of three potential decisions:
- Continuation: The judge may extend a person’s probation, allowing them additional time to comply with the terms and conditions imposed in their original sentence.
- Modification: The court may impose new, additional terms or modify existing conditions of probation, such as more frequent check-ins with a probation officer, mandatory counseling, or community service requirements.
- Revocation: In cases deemed significant enough, the judge may impose a jail or prison sentence, effectively ending a person’s opportunity to remain on probation.
A New York criminal defense lawyer may be able to help those charged with a probation violation. These legal professionals can provide guidance throughout the legal process to clarify legal options while advocating for the best possible outcome. Whatever the circumstances of your probation violation, reach out to an experienced New York criminal defense attorney at The Law Office of Benjamin Greenwald to learn more about your next steps.
Contact The Law Office Of Benjamin Greenwald Today To Learn More About Your Legal Options After a Probation Violation
Being fully aware of the complexities surrounding probation violations and their related challenges is critical for protecting your rights and interests. If you find yourself in legal trouble related to a probation violation and want to understand your options, contact The Law Office of Benjamin Greenwald at (845) 567-4820 to schedule a consultation with our skilled team
