Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What is a violation of probation just for someone again who’s never been in trouble and they need to fully understand the scenario?

Mike Kramer: As I indicated there, there are several conditions that are set forth for probation and a violation of those conditions indicate that you violated one or more of those conditions.

Violations Can Include Failure to Complete a Court-Ordered Treatment Program

The usual violations are failing to report, failing to follow through with drug treatment, and being convicted of subsequent crimes. Those are the most obvious ones.

Your Probation Officer Notifies the Court of Your Violation

When you violate probation, it’s your probation officer who is the moving party, who files a declaration of delinquency with the judge and then the judge summons the probationer to the court to answer the alleged violation of probation.

You Will Be Re-Arraigned and Have a Hearing Where the probation Officer Testifies about the Probation Violation

Once you’re summoned before judge, it’s kind of like a new case. You’re arraigned, which is when you plead to the violation of probation and you’re entitled to a hearing. A hearing is similar to a trial except there are different burdens of proof.  A trial requires proof without a reasonable doubt; at a probation violation hearing, the probation officer merely has to establish by a preponderance of the evidence you violated the conditions of probation.

If It Is Deemed That You Violated Probation, the Judge Has Several Options in Re-Sentencing You

Interviewer: If I am serving a suspended sentence or a deferred sentence and I violate my probation, how is that affected if I violate conditions of probation?

Mike Kramer: If you’re found to have violated probation, a judge has various options as to how to re-sentence you. A judge can re-sentence you to a period of jail. A judge can restore you to probation. A judge can discharge you from probation if he feels it is warranted and sentence you to a fine or a conditional discharge, although there is some question as to whether if a judge terminates probation, you can still get a conditional discharge.

The main point is that a judge has various options if he finds you guilty of this violation of probation. Normally, judges consider jail time because probation is one step below jail and if you violate those conditions, he or she is not going to give you another break.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161