What Are the Types of Probation Violations in New York?
Probation violations in New York are split into two categories: substantive violations & technical violations. A substantive probation violation occurs when you are charged with an additional crime that was committed while on probation. These violations may not only revoke your probation, but could increase your penalties as you will be charged & tried with an entirely new offense.
Technical violations are violations that occur as a result of not following the court mandated conditions of your parole which include, but are not limited to:
- Missing an Appointment with Your Probation Officer - Meeting with your probation officer is one of the single most important things that must be done in order to remain on probation. These meetings are based on your specific officer’s schedule and will be on a routine basis. Failing to show to said appointments could result in a violation of probation.
- Missing a Court Hearing - Similar to missing a probation officer meeting, if you’re ordered to attend court hearings while on probation, you must attend. Missing a court hearing could land you in even deeper trouble than missing an appointment with your probation officer.
- Traveling to Another State - While many understand that you are unable to travel out of the country while on probation, it’s not as commonly known that you also cannot cross state lines. Traveling on your own free will is another way for you to end up in violation of probation and back in the courtroom.
- Losing Your Job - There are typically additional requirements while you are on probation. One of the most common is for you to remain steadily employed. If you fail to find a job or are let go from your current position, you could negatively impact your probation status.
Schillinger & Associates, PLLC. Can Help Today
Whether you have been convicted of a criminal offense or plead guilty in court, there are alternatives to serving jail and prison time. Probation is one of the most common options. For this to be done, a judge must shelve the sentence and put the individual on probation, where they must meet with a probationer and follow specific guidelines.
While probation seems like a much better option than sitting behind bars and typically is, there are many pitfalls that can lead to even more legal trouble. Being aware of some of the most common ways people violate probation will allow you to avoid the many headaches associated with doing so. A probation violation is something that can be done accidentally. However, this makes its penalties no less harsh. Violating probation could lead to severe legal trouble if not handled properly.
If you or a loved one has violated probation, you will need an expert team on your side to protect your rights. Give us a call today (518) 413-0889 to learn more about how our team can put together a plan to protect your rights and your future.