What You Need To Know About Probation Violations In New York
Probation is often sought as an alternative to jail. Or, it could be used after an offender is released from jail in order to ensure they stay on the right path. Once the terms of probation are established, you must follow them to the letter for the duration of the probation period. If you don’t, violation terms may apply and the penalties can be severe.
If you are accused of violating probation in New York, the consequences are serious. This is why it is important to schedule a call with your criminal defense attorney immediately after receiving the probation terms. Probation is a sentencing tool used by New York judges to assign you with an alternative to help you avoid jail. The major requirements of probation typically include drug testing, finding and maintaining employment, subjecting yourself to warrantless searches, reporting to probation and the assigned probation officer, and following all of the directions of your probation.
The standard probation for a felony is five years; additionally, in New York, the standard misdemeanor probation is three years. If you do not follow the terms of your probation, you could be accused of a ‘violation of probation’ or VOP. This means that your probation officer will notify the judge of the violation, and you will have to appear in front of the sentencing judge. You may have your probation revoked or face other consequences, such as an extension of your probation. Make sure you respond quickly to any allegation that you violated probation terms.
As soon as you suspect that your probation officer believes you violated probation, schedule a consultation with your criminal defense attorney. The right lawyer can also walk you through the stipulations of your original probation requirements so that you can avoid making any mistakes in the first place. Adhering to probation can help you avoid other more severe penalties and consequences. However, the right attorney needs to be retained immediately to protect you and your rights going forward.
If you’ve been accused of violating probation, get help from an attorney.