Violations of Probation
As a New York and White Plains criminal defense attorney, our lawyers have handled numerous cases where people who are already on probation. Cases involving probation violations are tricky and often require special attention from lawyers who are experienced in this area.
When someone is on probation, they have already been convicted of a crime. Typically there are a number of conditions which they are required to adhere to as part of their probation sentence. Usually one of the conditions is to refrain from criminal activity and not get arrested for committing a new crime. When a violation is filed based upon a new arrest, if the person did commit a new crime and the violation is sustained, then the Court can resentence the person to whatever they could have been sentenced to originally, which means jail.
In cases involving felony probation, often the Court will just remand the person who is accused of the violation. This increases the pressure to deal with the new case, since there is no way for the person to get out of jail until the new case is resolved. For example when someone is falsely accused of a new crime, our Westchester and New York City criminal defense lawyers aggressively fight the new charge. We have on numerous occasions gone right to the grand jury and won. When we do this, we basically force an immediate trial. In our experience when a grand jury does not indict, a judge will usually let the person out of jail and reinstate probation.
When the defendant is guilty and is facing a violation of probation where jail is a reality, our attorneys will work to resolve the criminal case quickly, to minimize the amount of time a person does. When someone is sentenced to jail on a probation violation, they will not get credit for the time they are serving on the new charge, so it is important to get them sentenced as soon as possible.
Additional wrinkles arise when the violation and the new crime are out of different courts. Since our criminal defense attorneys regularly appear in the New York City, Westchester and Rockland Courts, we regularly coordinate cases in different courts.
Our attorneys regularly handle criminal cases and violations of probation in the Criminal Courts in the New York Metropolitan Area, including the Bronx, Manhattan, Queens, Brooklyn, Rockland and Westchester, including White Plains, Yonkers, New Rochelle, Ossining, Port Chester, Rye, Greenburgh, Elmsford and Mount Vernon.