What Can I Do To Prepare For A Probation Violation Court Appearance?

The best advice would be to hire a competent attorney and not to appear in court without legal representation. Often times an attorney can reach out to the probation officer and gain much useful information as to how to handle the violation of probation and whether it can be cured without the necessity for a hearing.

What Are My Legal Rights At A Revocation Hearing?

Your rights are basically the same as it would be in defending yourself at a trial. You are permitted through counsel to cross-examine the witnesses who testify against you and to present evidence on your own behalf.

Is The Prosecution Involved In A Probation Violation Hearing Or Is The Decision Solely Up To The Judge? What Role Will My Probation Officer Play At This Point?

Yes, the prosecution is involved. It is the district attorney’s office that prosecutes the violation of probation as does the district attorney’s office if you are charged with a crime. The probation officer in almost all cases will testify at a violation of probation hearing as he/she is the person bringing on the violation they will be called to state the facts of the violation and evidence used to conclude a violation has occurred.

What Are The Penalties And Consequences I Might Face If I Have Violated My Probation?

Upon a finding of a violation, the court may restore you to probation, modify the conditions of probation, or revoke probation and re-sentence the defendant. If the judge finds that probation has not be violated, then a defendant will be restored to probation as originally sentenced.

What Happens If My Probation Is In The End Revoked? What Should I Expect To Happen Next?

This depends to a large part on the nature of violation of probation which has been sustained. The more serious the violation the greater chance that you will be re-sentenced to a term of incarceration. However there are certain technical violations which depending upon the facts and circumstances and depending upon the factors present in a defendant’s background and motivation, can result in a judge being sympathetic and continuing a defendant on probation.

Can I Appeal A Probation Violation Conviction?

When a defendant is sentenced to probation and is thereafter violated, the underlying probation conditions that were imposed originally cannot be contested on appeal, however, a defendant can always appeal the findings at a probation violation hearing. Usually, the basis for appeal amounts to a technical legal argument and not factual, as appellate courts will usually defer to the hearing judge with regard to his or her finding of facts.

How Can You As My Attorney Help Me If I Am Accused Of Violating The Conditions Of My Probation?

Based on my past experience, the most important function I can provide is to act as a “go between” between yourself and your probation officer. Often times a probation officer will be receptive to an attorney reaching out to him/her in an effort to cure the violation and present evidence that a probationer has reformed his/her ways will report to the probation officer religiously in the future or will continue to participate in treating programs required.

For more information on Probation Violation Court Appearance, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.