New York Probation Violation Attorney
The Law Offices of Gilbert C. Parris can help you avoid harsh punishments and severe penalties for charges against you regarding the violation of your probation. Gilbert Parris is experienced and knowledgeable in all areas regarding the violation of probation throughout New York. He will make every effort to help you avoid incarceration. Call 188.8.131.5250 to schedule a free consultation to speak with New York probation violation attorney Gilbert Parris.
Overview of Violation of Probation
Criminal offenders are usually placed on probation in lieu of being incarcerated. Probation is a court ordered sentence that allows a person who has been convicted of a crime to be released from confinement and put under the supervision of a probation officer.
Prior to receiving a probation sentence, the probationer is required to sign a document called “The Conditions of Probation.” This document provides a detailed overview of the various restrictions the probationer must abide by during the probation period.
This may include jail time, fines, restitution, community service, or other sanctions. Probation can also require counseling, drug/alcohol restrictions, weapons restrictions and the probationer reporting to his or her probation officer.
Types of Violation of Probation
There are two types of probation violations according to New York’s Corrections Law: Technical Violation and New Offense Violation.
A technical violation occurs when the probationer fails to comply with any of his or her probation terms. A new offense violation occurs when the probationer commits a new crime during the probationary period.
If a probationer does not adhere to the conditions of his or her probation, he or she will be ordered to court for a violation of probation hearing. The probationer will have to appear before the judge who originally sentenced him or her. During this hearing, the prosecutor may request for the judge to remove the probationer from probation in favor of incarceration.
Penalties for the Violation of Probation
- Penalties & Sentencing for the technical offense; or
- Penalties & Sentencing for the new offense; and/or
- A guilty conviction for the original offense with the possible sentencing for the maximum punishment.