New York City Criminal Defense Attorney
Probation violations occur when the defendant fails to properly fulfill one or more duties as outlined in a probation agreement, generally issued upon release from jail, prison or a treatment facility or in the case of a conviction where probation was the penalty imposed by the court. Most often, a violation is brought about by the probation officer who is in charge of overseeing the length of the defendant’s punishment. When a person is suspected of violating the agreement by failing to adhere to any number of requirements, like maintaining a job, appearing at a mandatory appointment, drug test or consorting with specific unauthorized individuals, the person may be arrested and face charges of a probation violation.
If you have been accused of violating the terms of your probation, speak with a criminal attorney as soon as possible to discuss your options. Just because you have been accused of a violation, this does not mean that you are guilty or should be found guilty. You have the right to due process to determine whether you actually committed the alleged violation. A criminal defense lawyer can provide legal counsel through these proceedings to protect your rights and interests.
What happens when probation is allegedly violated?
Normally, the judge issues a bench warrant in the event that a violation occurs, which means that law enforcement would be obligated to pursue and arrest the person at any time when identified. Despite the fact that there may be a good reason for a particular violation of the agreement, law enforcement offers are not going to listen to your case. Instead, they will make your arrest and bring you to jail as per the requirements of the
warrant. From there, you may spend several days in jail while awaiting trail where additional penalties may be imposed, or revocation of probation in situations where the defendant must fulfill a jail or prison sentence.
Musa-Obregon & Associates is very familiar with the probation process and understand how flexible the system can be in terms of requirements, and, in some situations, reason for a violation of the agreement’s terms. The New York City criminal defense firm may be able to provide alleged violators with a compelling defense that could minimize any additional penalties imposed, including a return to jail or prison to fulfill a sentence.