Probation violation is an offense that happens when you break the terms and conditions of your probation. The offense carries a wide spectrum of penalties; the severity of the penalty correlates to the severity of the misconduct, the risk posed by the offender, and the threat to community safety posed by the misconduct. Most of the offenders who violated their probationary terms and conditions face hefty fines, extended probation, and/or jail time.
When you receive a request to appear before Court
After a Violation of Probation (VOP) has been filed against the offender by the probation officer, the New York City Department of Probation has the discretion to require the offender to appear in court for a probation violation hearing. If you are requested to appear in court, the probation officer will most likely request some form of penalty.
But the Criminal Procedure Law (CPL) in New York does not require that every probation violation be brought before the Court for adjudication. Probation violations may also be handled administratively. Most of the time, when an offender has the opportunity to handle his/her probation violation administratively with the New York City Department of Probation, the offender can minimize his/her damages more than appearing before the Court.
The New York City Department of Probation policies and practices guidelines are constantly changing. So, it would be beneficial for the offender to first retain an experienced criminal defense attorney to assess his/her legal rights and determine which legal options can minimize his damages the most.
If you or your loved one has recently been charged with violating his/her probation, then call our office at (212) 577-6677 to get professional legal advice.