Westchester County Probation Lawyer
Being on probation can be a challenge due to the many restrictions and requirements, which can impact every aspect of your life, from where you can live and work, to your relationship with your family and even your social life. In the state of New York, probation requirements and rules are strictly enforced and you must comply with the terms or you will be charged with violation of probation (VOP), a crime which carries very serious consequences.
Being found guilty of violating your probation could send you to prison, and you could also serve more time for the original conviction. If you’re accused of violating your probation in New York, you’ll need the advice and services of an experienced Westchester County probation attorney. A probation violation can mean jail time, a fine, or a lengthier probation with very strict rules and requirements. Maybe you had to break your probation because of unforeseen circumstances, and now you want the chance to let the judge know that you had no other choice and that you intended no harm or disrespect. A judge will consider the nature of the violation, any prior violations, the original sentence and whatever circumstances led to the violation.
It is very important that you know the scope of your legal rights so that you don’t get additional penalties and consequences. An attorney can help you understand the rights available to you at a probation hearing in New York state. The last thing you want is jail time or an extended probation! Call the Law Offices of Kimberly A. Pelesz at (914) 214-9335 to work with an experienced NY defense lawyer.
IF YOU ARE ACCUSED OF VIOLATING PROBATION
If you are charged with a crime in Westchester, Dutchess, Putnam, Orange, or Rockland County, speak immediately with an experienced Westchester County probation attorney. If the evidence against you is overwhelming – and you are convicted of the crime despite a good lawyer’s best efforts – your full sentence will probably include more than a single penalty. You might be sentenced to jail and a fine, for example, or you might be sentenced to probation and community service. Probation is a frequently-imposed penalty for many criminal convictions in the state of New York.
To receive probation, a defendant must agree to and sign the conditions of probation. Of course, be certain that you obtain legal counsel before you accept any agreement or sign any legal document. Do not try to act as your own lawyer; your freedom and your future are too important. The terms of probation can be extensive. You usually must agree to submit to warrantless searches and random drug testing; you usually also must find employment and then maintain a legitimate job, in addition to meeting regularly with a probation officer and avoiding any criminal associations. If there are no violations, probation in New York usually lasts three years for a misdemeanor and five years for a felony.
There are a number of circumstances that result in a probation violation, including but not limited to missing a scheduled court date, not reporting to your probation officer, failing to pay fines or restitution as ordered by the court, traveling out of state without the permission of your probation officer, police involvement, and possessing, using, or selling illicit drugs.
If you are ordered to appear at a VOP hearing, it means that your probation officer has a reasonable belief that the terms of your probation have been violated in some way. The courts will consider many factors such as the severity of the original crime and also the violation. The probation officer will ask for some type of punishment and the court generally will oblige.
It is imperative for you to be accompanied at a VOP hearing by a criminal defense attorney with experience in this area. A good lawyer that specializes in defending those who have violated their probation can advise you of your rights. This is very important since you want to avoid additional penalties and consequences. You are at the mercy of the court and many times a lawyer can ask the court for lighter penalties for violating your probation, such as community services or monetary fines. Your attorney may be able to persuade the judge that you didn’t violate the terms of your probation. The courts want to know that you want to get back to your normal life. You cannot afford to lose your job or miss school. You need someone who knows the law in Westchester County to advocate on your behalf.
However, if a judge decides that you did violate the terms of your probation, more terms could be attached to your probation or you could be ordered to serve time behind bars.
If a judge decides that no violation took place, you’ll be returned to probation. If you are convicted for violation of probation, you could be sentenced to serve time, returned to probation with stricter conditions, or simply returned to the probationary term that you were serving. If you are charged with VOP – or if you believe that you will be charged – contact an experienced criminal defense attorney immediately. Put a good probation attorney to work on your behalf, and don’t wait – make the call as quickly as possible.
WE’RE READY TO FIGHT FOR YOU
If you’re accused of violating your probation, you certainly don’t want to risk getting arrested again, along with prison time or an even longer probation. You don’t want to lose your job or miss school. You want to get back to your normal life. At Kimberly Pelesz New York Law, LLC, we can help. Our experienced Westchester County probation attorneys are ready to fight aggressively for our clients who are accused of probation violations. If you are charged with a violation of your probation, let our New York law firm advocate for you in court.
CONTACT US AND LEARN MORE
With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County probation attorney can help if you are accused of violating your probation, email us or call our law firm at (914) 402-4541.