What are the Penalties for a Probation Violation in New York?



    If you have violated one of your probation conditions, you are facing harsher charges, such as the jail time that you may have narrowly avoided in your first sentencing. Find out what happens if you receive a probation violation offense and how one of the seasoned Nassau County criminal defense attorneys at Grunwald & Seman, P.C. can help you avoid any further consequences.

    What are common probation conditions?

    The most common probation conditions that you may be required to abide by are as follows:

    • Mandatory payment of fines.
    • Mandatory drug testing.
    • Regular reporting to and meeting with your probation officer.
    • Getting and keeping a job.
    • Submitting to random searches.
    • Court-ordered drug or alcohol rehabilitation programs.
    • Court-ordered community service.
    • Court-ordered anger management counseling.
    • Staying within the state.
    • Wearing a monitoring device.
    • Surrendering all firearms in possession.
    • Refraining from associating with certain individuals.

    How can you commit a probation violation?

    If you have violated the following conditions, you will likely receive a probation violation:

    • Committing another crime.
    • Not paying mandatory fines.
    • Not attending court-ordered substance abuse programs.
    • Being found in possession of drugs.
    • Failing drug tests.

    What are the penalties for a probation violation in New York?

    If your probation officer believes that you have violated one of your conditions, they may file a probation complaint with the court that sentenced you. The court’s response will then be to send you a summons or issue a warrant for your arrest. It is important to note that your probation officer only needs a “reasonable cause” to believe you violated a condition and can arrest you without a warrant.

    When being charged with a violation of probation, the judge has several options for how to penalize you, which may vary depending on the circumstance in which you violate your probationary conditions. The judge may choose from the following penalties:

    • Receive a warning.
    • Terminate your probation.
    • Continue your probation.
    • Extend the period of your probation.
    • Impose new or additional probation conditions.
    • Resentence you completely under New Jersey’s statutory guidelines, which can mean possible jail time.

    If you believe that you may be facing any of the above penalties, it is in your best interest to retain the services of one of the knowledgable Nassau County criminal defense attorneys today. Our firm will fight for the minimization or elimination of these charges altogether.

    Contact Our Long Island Firm

    If you need experienced legal counsel for a criminal matter on Long Island or anywhere inNew York State, please contact Grunwald & Seman, P.C. to schedule a consultation.

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