What Are The Most Common Ways People Violate Their Probation?

Most violations occur from the following: failure to report, failure to advise of a change of address, leaving the jurisdiction without permission, additional commission of additional crimes, and use of alcohol if you are on DWI probation.

What Is The Burden Of Proof With Regard To A Revocation Of Probation?

Unlike at a trial where the burden of proof is proof beyond a reasonable doubt.

Probations violations need only be established by a fair preponderance of the evidence.

In Terms Of Additional Violations While On Probation, If The Arrest Occurs In Another State, Will My Home State Find Out?

Under the terms of probation in Westchester County and New York State, you are usually required to advise your probation officer of a new arrest within a specific period of time. Certainly, it is more difficult for a probation officer to find out about a new arrest if it occurs in another state. However, if you choose not to advise your probation officer and roll the dice as to whether he or she will find out about the new arrest, you do so at your own risk. Certainly, if the new arrest is discovered out it will go much harder against you. As a result, I usually advise my clients that it is better to inform the probation officer of the new arrest and deal with the consequences up front rather than risking their finding out at a later time.

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

Usually, a violation of probation will not come as a surprise. Probation officers as a matter, of course, discuss problems with a probationer before they come to a head and result in a violation of probation being filed. If a probation officer decides to file a violation of probation, usually they advise a probationer in person that one should be expected or a probationer will be notified directly by the court and given a court date. If the violation of probation is for losing contact with the probation officer or failing to report, it is obvious that the probation officer will not be in a position to advise the probationer in person and thereafter a probation violation will be filed with the execution of a summons sent to the police jurisdiction covering the place of residence of the probationer.

If A Probation Violation Is Filed, Am I Arrested On The Spot And If So Can I Get A Bail Set?

Depending upon the violation, usually a probation officer will advise you as to a date to appear in court and not arrest you on the spot. However, this depends upon the particular violation involved. There are some violations, failing to report, continuous violations of drug or alcohol testing, and serious commission of new crimes which may, in fact, result in your being arrested on the spot when you show up for a probation meeting. If arrested, it is possible that a bail will be set pending your probation violation hearing. However such is not required. Depending upon the violation and your record of cooperation with the probation officer, a judge may either set a bail or remand you to jail pending the conclusion of the proceeding.

How Soon Will I Have To Go To Court?

A court date is usually set within a few weeks. However, a number of adjournments after that are usually required to attempt to work out a satisfactory disposition of your probation matter or, to prepare for a probation violation hearing.

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

That depends upon the nature of the court appearance. If it is a first appearance, the earlier you retain an experienced criminal attorney, the better chance you have of being released at the first court appearance or perhaps even beginning the process to mend or cure the problems with your probation officer that have developed.

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