The terms of probation including the duration of the probation and other requirements are included in a probation order that is issued by a judge. The order enumerates the rules and conditions the probationer is agreeing to and must adhere to. While far from exhaustive some requirements that are typical of a probation order include: reporting to an officer, paying costs and fees, community service requirements, agreement to random alcohol or drug tests, agreeing to avoid further arrest, and many more. Sometimes the conditions of the probation were so onerous that violation ofthem was practically unavoidable. Other times circumstances may victimize the well-meaning probationer.
When you have been charged with violating your probation, Queens, New York criminal defense attorney Victor Knapp, Esq. may be able to resolve the matter. For more than 33 years he has protected the accused from mistaken charges by vigorously defending their rights. His office is centrally located in Queens, New York serving the surrounding boroughs.
What is a Probation Violation?
To put it simply, a probation violation occurs when a person fails to fully comply with one or more of the requirements in their probation order. When the alleged violation is reported to the prosecutor, the prosecutor may decide to file violation of Probation or Petition to Revoke (VOP or PTR). They prosecutor then must be able to demonstrate to a judge to the level of proof that probation was violated. The violation may have been administrative in nature, that is, it was a technical violation such as a failure to make a report is alleged. Or the alleged violation may go to the core of the probation terms such as repeating the criminal act. Both types of violations can result in the revocation of probation and the imposition of a new sentence that could include jail time.
What are Common Reasons for Probation Violations?
Accepting the terms of a probation order means that you have accepted a limitation to your freedom in exchange for avoiding serving a jail or prison sentence. However, as discussed above, the failure to submit to any part of your order can lead to a probation violation. Unfortunately the most common reason for probation violations is that the person inadvertently commits a misdemeanor while on probation. However many other common reasons exist including:
- Failure of a court mandated drug or alcohol test
- Altering or diluting the sample to conceal drug or alcohol use
- Failure to attend or complete court-ordered treatment
- Failure to complete community service
- Failure to contact or meet with your probation officer
- Failure to submit to alcohol or drug testing
- Curfew violations
- Failure to report an address change
- Visiting prohibited people or places
- Violating any other term or condition contained within your probation order
A probation violation can very clearly occur under a number of circumstances and can occur when the probationer is simply careless. Because of the wide variety of circumstance it is important an attorney reviews, in writing, the specific violations being alleged. Because probation violation hearings provide the judge with a great deal of discretion and that the judge’s decision is extremely difficult to appeal, it is essential that you present the strongest defense possible. An experienced attorney can put together a compelling defense and improve your chance of avoiding harsh consequences.
If you have been accused on a probation violation in Queens, NY experienced criminal defense attorney Victor Knapp may be able to protect your freedom. His diligent and aggressive defense works to improve the likelihood that that the prosecutor’s motion is not granted. To discuss your matter with an experienced representative call (718) 263-9000 24/7 or contact us online.