The importance of hiring a qualified probation violation lawyer cannot be overstated. If you have been given a probation violation, there is a good chance that in addition to fines and probation, you could be sentenced to jail time. This outcome varies greatly depending on the jurisdiction in which the crime was committed. Therefore, you should a qualified probation violation lawyer in Brooklyn that can act quickly to assist to protect your legal rights and your financial future. There are several different classifications of criminal offenses for which probation or VoP violation charge might apply. You should discuss the applicable charges with an experienced attorney in your area to learn what they are.
In Brooklyn, there are two classifications of crimes that are commonly charged by police. The most common is felony charges of driving while intoxicated, grand larceny, burglary, weapons violations, theft, drug possession, drug trafficking, drug use, and more. Any experienced attorney in Brooklyn will be able to inform you of the specifics of any of these offenses. In addition, they will also be able to discuss the details of any pretrial consequences that could occur in the case of violating probation or a probation violation.
One possible outcome from violating probation is the issuance of a jail sentence. This outcome may occur for first time offenders, but it is not uncommon for repeat offenders to receive jail sentences for their third or fourth time. In some jurisdictions, a failed field test may lead to an additional bench trial. During this additional trial, the defendant is entitled to an expert witness’s testimony to prove that the officer’s failure to administer the required field sobriety tests was unreasonable and unjustified. In some jurisdictions, a failed field test can result in a lighter sentence if the defendant can show that the officer did not have reasonable suspicion to justify the unnecessary arrest. Similarly, a guilty verdict may result in the cancellation of a suspended sentence, probation, or community service.
If the defendant receives a sentence of a total of three years or more, he or she must serve part of his or her probation in jail. The specific portion of probation that a defendant must serve in jail varies by jurisdiction. In most states, a Class B felony is the maximum sentence a person can be confined to. In New York City, for example, a defendant who receives a sentence of one year or more is subject to serving up to three years in jail.
Aside from the jail sentence, fines are another consequence of violating probation. Many people find that the cost of paying fines and court costs is a greater deterrent than the cost of serving time in jail. A skilled attorney will be able to obtain the right fines and other monetary awards to reduce the sentencing process and avoid jail time. If you are facing criminal charges stemming from probation or any other criminal offense, a licensed New York criminal defense attorney can help you fight for the status quo and obtain the best outcome for your case.
Another type of probation violation is what is called a technical violation. In New York, for example, if the terms of the supervision period runs out, the suspect is required to report to the supervising judge. In cases where the terms of the supervision period are inadequate, the defendant may be given an extension until the new crime or violation is reported. Technically, these violations are not considered a new crime because they are not considered a serious enough offense to warrant a lengthy prison sentence.
Sometimes a defendant violates probation while in state. In these cases, the state is responsible for correcting the violations even if the defendant is never actually found while in state. Different states have different penalties for this violation and the amount of the penalties differ as well. A skilled New York criminal defense attorney will be familiar with the specific laws and penalties relating to violating probation in your state.
There are several different penalties for violating probation. The most severe penalties are incarceration, but sometimes these are coupled with fines and suspended fines and community service. The penalties are typically based on the extent of the offense and can range from probation without supervision to imprisonment. Some crimes such as robbery or assault may be punished by more than one of these penalties. A knowledgeable attorney will be able to help you understand the implications of your violation and how it will affect your potential for future employment, housing, and other important matters.