New York Criminal Defense Lawyer
Probation Violations in Brooklyn
Arrested for Violating Your Probation in NY?
If you were convicted of a crime and put on probation as a penalty, you have strict rules to abide by. Probation is often ordered as an alternative to being put in jail. Some see this as a lenient and preferable consequence, but if you violate your probation in any way you could be facing even harsher penalties. When on probation, you will generally have a probation officer that is supposed to keep an eye on you to make sure you are following the regulations of your probation. This can involve meetings, drug tests and other methods of keeping tabs.
Probation violation charges often come about over misunderstandings or assumptions. If you have been arrested or charged for violating the terms of your probation, contact The Law Offices of Michael Mullen. Need an attorney for your criminal case in Brooklyn? Our Brooklyn criminal lawyers can help you defend against your charges and avoid the harsh penalties at stake.
If you have violated your Brooklyn probation, contact our firm to discuss your options today.
How Probation Can Be Violated in New York
Each state has their own laws regarding probation violations. Any type of refusal or avoidance of a term in your probation can lead to a violation.
Some of the common violations that we have seen include:
- Failing to appear to a court appearance when scheduled
- Failing to report to your probation officer when scheduled
- Failing to pay ordered fines or restitution
- Traveling out of the state without receiving permission
- Going to certain places or visiting certain people without permission
- Using or having drugs in your possession for use or sale
- Being arrested or charged with other offenses
- Committing a crime
There are other ways to violate a probation order, depending on the unique terms of your probation. If you have questions regarding probation violations do not hesitate to contact our firm. We would gladly discuss your case and the steps you need to take if you are facing charges.
After Brooklyn Probation Orders are Violated
The probation officer has several options when it comes to violations. Some of them may choose to just give you a warning while others may order your appearance in court. This decision can vary depending on the violation and the severity of the situation plus any previous violations. If you do have to go to a hearing, there will be a sentencing judge to hear your case. A prosecuting attorney will try to prove that you violated your probation by a preponderance of the evidence which means by a likelihood over 50%, but the judge will ultimately decide. If deemed guilty at the hearing, sentencing will take place.
Some of the sentencing options include:
- Extending probation
- Adding terms to your probation
- Ordering jail time
- Revoking probation and ordering prison time
In order to avoid these penalties, team up with a skilled criminal defense attorney in Brooklyn. You need to be aware of your rights when going through this process. First, be sure that you obtain a written notice of the alleged violation against you. Then, you have the right to have your case heard in front of a neutral judge in court. You also have the right to legal representation who can help you in providing evidence and witnesses to help your case.
Contact The Law Offices of Michael Mullen for Help
When facing probation violation charges, you need to aggressively fight to have evidence refuted. With the help of an experienced criminal defense attorney in Brooklyn you could successfully defend against your charges. Team up with a criminal attorney at our firm for the counsel that you need. We have years of experience in the courtroom both on the district attorney side and as a criminal defense lawyer. Our team also contains a former NYPD captain who has over 15 years of investigation experience.
For an aggressive and skilled team, contact The Law Offices of Michael Mullen today!
“I have witnessed him in action firsthand. He is the real deal. The jury loved him even as he was tearing apart the prosecution's witnesses on cross-examination.” - Reginald Sharpe, Esq
“Michael Mullen was the best attorney I have ever had the pleasure of working with. Yes, Michael was my attorney, but after everything, I now consider Michael a friend and a life savior.” - Robert
“I was facing over 10 years in state prison. The jury found me not guilty on all charges. I walked out of court a free man!” - Carlos