What Are The Most Common Ways People Violate Probation?

The most common probation violation cases that I come across are as follows:

Continued use of drugs or other controlled substances, failing to report as required, failure to maintain employment as required, subsequent arrests and conviction for other violations of the law.

How Often Do Clients Knowingly Break The Law While On Probation Or Violate Their Probation Terms?

Probationers are given written conditions of probation which require certain obligations. Usually, a probationer knows what actions constitute a violation of probation and for one reason or another makes decision to a violation of probation.

What Is The Burden Of Proof On A Violation Of Probation?

When a defendant has allegedly violated probation he/she is notified to appear in court for a hearing. A statement must be filed setting forth the conditions violated and the details of the violation. A hearing if required, is conducted without a jury and a finding of a violation of probation is based on a preponderance of the evidence.

If An Arrest Occurs In Another State, Will My Home State Find Out?

One of the terms of probation usually includes advising a probation officer within a period of a day or two of any subsequent arrest or conviction. Arrests in other states and convictions in other states are entered into a national computer which if the probation officer decides to access, will be discovered. My advice is that honesty is usually the best policy. It is much better to deal with the consequences of an arrest rather than getting caught by a probation officer trying to hide something.

Michael Kramer, offers insights on common probation violations.

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Can You Tell Me Step By Step What To Expect Once I Am Charged With A Violation Of Probation?

A violation of probation usually begins with the filing of a declaration of delinquency listing the alleged violations of probation. A defendant is then called to court to enter a plea: either an admission or a denial of the allegations in the declaration. If a denial is entered and the violation of probation cannot be cured or worked out otherwise, a hearing is then scheduled at which point the prosecution, usually the district attorney’s office will present evidence to sustain the individual violations. If the prosecution fails to sustain its burden of proof or if the prosecution withdraws the violation of probation, the defendant is restored to probation to serve the remainder of the probationary term. Upon a finding of a violation, the court may restore the defendant to probation, modify the conditions of probation, or revoke probation and re-sentence the defendant.

If A Probation Violation Is Alleged, Is A Defendant Arrested On The Spot And If So Is Bail Then Set?

A defendant facing an alleged violation of probation can be taken into custody in any one of a number of ways. An arrest can occur at the office of the probation officer, an arrest can occur at the defendant’s residence, place of employment or otherwise, or a defendant can be summoned to appear in court without first being taken into custody.

How Soon Will I Have To Go To Court?

That is totally up to the judge and the probation officer who will set the date for the arraignment on a declaration of delinquency: usually it is a matter of a week or two.

For more information on Probation Violations In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 627-5981 today.