Steps To Take After You Are Accused Of Violating Your Probation
A probation sentence rather than jail time is bound to make any criminal defendant feel relieved. When a criminal defendant is given a probation sentence, they get a chance to stay away from the harsh environment of a jail. A probation sentence allows you to continue living a productive life in society. However, while probation is preferable to prison, it comes with restrictions. You must abide by the court’s instructions if given a probation sentence. For example, in New York, a probationer may be required to submit to random searching, avoid traveling outside the state without their probation officer’s permission, pay fines, avoid certain places and people, find and keep a job, and submit to alcohol or drug testing. An accusation of probation violation could have serious consequences if not handled correctly. In the worst case, a person accused of committing a probation violation might have their probation revoked and be sentenced to jail.
What Should You Do if Accused of Violating Your Probation?
Probation violation is a serious thing in New York. If you’re accused of violating your probation in New York, you should take the matter seriously, even if you are being falsely accused. If you’re accused of violating your probation in New York, the following are three things you should do;
Contact Your Probation Officer
If you’re accused of violating your probation, the first thing you should do is contact your probation officer. Your probation officer has the discretion to choose how to respond to a potential probation violation. They can give you a warning or file the violation with the court. After learning that you are being accused of violating your probation, contact your probation officer and explain what occurred. And when explaining what happened, do not be disrespectful. Instead, be apologetic. You might get lucky and get off with a warning.
Speak to an Attorney
Another crucial thing you can do if you are accused of violating your probation is to get in touch with an experienced attorney. The sooner you get in touch with an attorney, the better. A qualified attorney can help you develop a strong strategy that can help you fight the accusations. So, when you get in touch with an attorney, ensure you are honest with them so they can fully understand your case. There could be a perfectly good explanation for your actions, but an attorney cannot represent you effectively if you are dishonest with them.
If your probation officer decides to file your violation with the court, an attorney can present your case in front of the court. An attorney can help you present your case in a manner that resonates with the judge.
Listen to Your Attorney’s Advice
Lastly, if you are accused of violating your probation, listen to what your attorney says to you. Your attorney knows the best course of action, so avoid going against what they recommend.
Contact an NYC Criminal Defense Attorney Today
If you need to speak to a qualified and dedicated criminal defense attorney, contact our NYC criminal defense attorney, Mark I. Cohen, Esq., at 212-732-0002.
Source:
law.cornell.edu/wex/probation
