Long Island Lawyer Defending Clients Accused of Violating Probation or Parole in Nassau County
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 on 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 is a probation violation in New York?
A probation violation occurs when a person fails to follow one or more conditions imposed by the court as part of a probation sentence. Probation is often granted instead of jail time, but it comes with strict rules such as reporting to a probation officer, obeying curfews, avoiding new arrests, and completing court-ordered programs. If those conditions are violated, the court may file a violation of probation (VOP) and require the person to appear before a judge.
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 are Common Examples of Probation Violations in New York?
Probation can be violated in many ways if a person fails to comply with court-ordered conditions. Common examples include:
- Failing to report to a probation officer
- Missing court dates or required meetings
- Testing positive for drugs or alcohol
- Failing to pay court-ordered fines or restitution
- Traveling without permission
- Being arrested or charged with a new crime
What Happens If You Violate Probation on 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.
Can you go to Jail for Violating Probation?
Yes. If a judge finds that a probation violation occurred, the court has the authority to impose jail or prison time, especially if the violation involves a new criminal offense or repeated violations. In some cases, the judge may order the defendant to serve the original suspended sentence that was avoided when probation was first granted.
What Happens at a Probation Violation Hearing?
A probation violation hearing is a court proceeding where a judge determines whether the person violated the terms of probation. During the hearing, the court reviews testimony, documents, and evidence related to the alleged violation. The prosecution must show that the violation occurred, and the judge will then decide whether to dismiss the allegation, modify probation conditions, or impose additional penalties.
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.
How do I Find a Probation Violation Lawyer Near Me?
To find a probation violation lawyer near you, search for a criminal defense attorney experienced in handling violation of probation cases in your area. Review law firm experience, attorney credentials, and client feedback, confirm the lawyer regularly handles probation violation hearings and related criminal defense matters, and schedule a case evaluation to discuss your situation and possible defense strategies.
How Much Do Nassau County Probation and Parole Violations Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Probation and Parole Violations defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Probation and Parole Violation defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Probation and Parole Violations defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Probation and Parole Violations Defense Attorney
1) LIFELONG PROBATION AND PAROLE VIOLATIONS DEFENSE ATTORNEY
Gianni Karmily is a lifelong probation and parole violations defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing probation and parole violations prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private probation and parole violations defense, Gianni Karmily has developed his professional experience from the probation and parole violations defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of probation and parole violations offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to probation and parole violations defense litigation and the representation of individuals facing probation and parole violations charges. His practice encompasses the defense of individuals accused of a broad range of probation and parole violations offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York probation and parole violations defense, New York Penal Law, Vehicle & Traffic Law, Probation and Parole Violations Procedure Law, constitutional advocacy, probation and parole violations litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on probation and parole violations cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, probation and parole violations defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong probation and parole violations defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the probation and parole violations justice system as a whole is a core component that distinguishes probation and parole violations defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive probation and parole violations defense experience, the distinction is straightforward: Gianni Karmily is a probation and parole violations defense attorney whose professional identity is built around defending the accused. Probation and Parole Violations defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing probation and parole violations charges in Nassau County have direct access to the attorney responsible for their representation.
A probation and parole violations defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of probation and parole violations charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced probation and parole violations defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a probation and parole violations offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the probation and parole violations defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of probation and parole violations defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach probation and parole violations defense as a high-volume process. Each probation and parole violations case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the probation and parole violations allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York probation and parole violations laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his probation and parole violations defense practice immediately next to the courthouse where many Nassau County probation and parole violations matters are handled.
For a probation and parole violations defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Probation and Parole Violations cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with probation and parole violations defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a probation and parole violations case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County probation and parole violations defense attorney, the combination of a lifelong focus on probation and parole violations defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Call Now to Book A Case Evaluation 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 on Long Island. Allow him to work tirelessly to clear your name and secure your freedom. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
