Long Island Lawyer Defending Clients Accused of Violating Probation or Parole in Nassau
Probation and parole are both alternatives to imprisonment. However, probation is served in lieu of incarceration and parole is served after the offender has been granted an early release from prison.
Being sentenced to probation or released early on parole is a privilege, not a right. If you violate the terms and conditions of your probation or parole, you could lose this privilege. If you are accused of violating probation or parole, discuss your legal options with violation of probation attorney Gianni Karmily right away.
What Are the Terms and Conditions of Probation and Parole in Long Island?
There are certain rules that offenders must follow when on probation or parole. The terms and conditions of probation and parole will vary on a case-by-case basis, but some examples are:
- Reporting to a probation or parole officer on a regular basis
- Not engaging in criminal activity
- Agreeing to perform random drug tests
- Staying employed
- Not possessing any weapons or firearms
- Staying within a certain geographical area unless you are given permission to leave
You must follow the terms and conditions of your probation or parole. If you violate any of the rules, you could face serious consequences.
What Are the Types of Probation Violations?
There are two main types of probation violations: substantive and technical violations. The former refers to major violations such as being charged with a crime while on probation. The latter refers to violations related to failing to follow certain administrative rules, such as reporting to a probation officer on a regular basis.
Technical violations may not seem as significant as substantive violations, but both can lead to the same consequences.
What Happens If You Violate Probation in Long Island?
If your probation officer believes you have violated probation, they will immediately notify the court. The judge presiding over the case will then issue a warrant for your arrest. You will be taken into custody and a violation of probation (VOP) hearing will be scheduled.
Both sides will have an opportunity to present their case at a VOP hearing. This is not a jury trial. Instead, the case will be presented to the judge. Your attorney may argue that you did not violate the terms of your probation, whereas the state may present evidence proving that you did.
There are three possible outcomes to this hearing, which are:
- Revocation: The judge may revoke your probation, which means you could be sentenced to the penalties that you would have faced for your conviction had you not been sentenced to probation. If you could have been sentenced to prison instead of probation, the judge could revoke your probation and send you to prison.
- Continuation: If you are found not guilty, the judge will tell you to continue serving probation under the same terms and conditions.
- Modification: If you are found guilty, the judge may decide to modify the terms and conditions of your probation instead of revoking it altogether. You could have to comply with additional restrictions or an extension of your probation.
Do not attend a VOP hearing without an attorney by your side. Your freedom is at stake—let Gianni Karmily aggressively protect it during this hearing.
What Happens If You Violate Parole?
If you violate the terms of parole, a warrant will be issued for your arrest. Then, a preliminary hearing will be scheduled to take place within 15 days of the date the warrant was issued. The purpose of this hearing is not to determine whether or not a violation occurred. Instead, the purpose is to determine whether or not the state has probable cause to believe a violation has occurred. If there isn’t probable cause, the case will be dismissed. But if there is probable cause, a hearing in front of a hearing officer will be scheduled.
During this final hearing, the officer will review evidence presented by both sides. If the officer believes the parolee has committed a violation, they may decide to revoke your parole and send you back to prison.
Attorney Gianni Karmily can represent you during both parole violation hearings to ensure your rights are protected. If the officer rules against you, Gianni can appeal the decision and continue fighting for your freedom.
What is the Difference Between Bench Warrants vs. Arrest Warrants?
The court can issue two different types of warrants: bench and arrest warrants. The former is issued if you fail to appear in court or respond to a court order. For example, if you do not show up in court for a hearing in your criminal case, the judge may issue a bench warrant. If a bench warrant is issued with your name on it, law enforcement officers can arrest you at any time. For instance, if you are pulled over by a cop for speeding, the officer may see that there is a bench warrant issued for you and take you into custody.
An arrest warrant, on the other hand, is issued when there is probable cause to believe that you have committed a criminal offense. A judge will only issue this type of warrant if he believes there is probable cause based on evidence such as witness statements or forensic testing.
You can be taken into custody if there is a bench or arrest warrant issued for you. But the difference is that you are not being accused of committing a crime if you are named on a bench warrant.
Call Now to Book A Free Consultation With Our Long Island Probation & Parole Violation Attorney Today
Have you been accused of violating the terms of your probation or parole? Has a bench or arrest warrant been issued with your name on it? If so, it’s in your best interest to seek legal representation from criminal defense attorney Gianni Karmily right away. Gianni is proud to serve as the voice for the accused in Long Island. Allow him to work tirelessly to clear your name and secure your freedom. To schedule a free consultation regarding your case, call 516-630-3405 or fill out the form on this website.