Search Site
Menu
Criminal defense may be needed for probation violation hearing

A lot of New Yorkers think that a criminal matter ends once a defendant is found guilty or innocent. While this may be true to a certain extent in that penalties will be imposed or not, there may be ongoing issues that can leave an individual in need of a criminal defense advocate.

One example arises when an individual is accused of a probation violation. Generally speaking, those who negotiate a plea deal may be able to have their sentence suspended pending the successful completion of probation. Others may be sentenced to prison, but then released on probation following a certain amount of time served. Regardless, probation always comes with certain terms that must be adhered to lest one wants to face the imposition of additional penalties. This may include an executed sentence that was once suspended. The consequences, of course, are dependent upon a finding of guilt and the severity of the violation.

There are many ways that probation can be violated. For example, those who do not report to their probation officer, fail to pay restitution, test positive for illegal drugs and get arrested for another criminal offense will be accused of violating their probation. Once a violation is alleged, the matter will be set for a hearing where a judge will ultimately make a determination as to whether the probation was actually violated. It is worth noting that the standard of proof for a probation violation is a preponderance of the evidence, which is much easier for the prosecution to meet than guilty beyond a reasonable doubt.

The penalties that can be imposed upon a violation finding can include prison, extended probation or additional probation terms. Those accused of a probation violation are allowed to have legal representation at their hearing, though, which can allow them to present evidence and strong legal arguments to support their position. Therefore, those who are accused of a probation violation should carefully consider their legal options, as the outcome of a probation violation hearing can have enormous consequences on one’s life.

Leave a Reply

Your email address will not be published. Required fields are marked *

Meet Our Attorneys
  • What to do if pulled over for a DUI


    The ways to effectively handle DWI traffic stops

    Experienced drunk driving defense attorneys in Rochester know the best methods for defending their clients. But your handling of a police stop can make a difference to your defense. The following tips can help...
    READ MORE
Client Reviews
  • "All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."

  • "I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."

  • "Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."

  • "I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"

  • "Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."

Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Reviews and Ratings
  • lawyers
    5.0/5.0

    Mr. Riotto was professional, responsive and personable. He worked diligently and aggressively on my case that resulted in a very favorable outcome. I would highly recommend his services to anyone who wants first rate representation!

    Read more

    Client

  • google
    5.0/5.0

    Excellent firm. Jim returns calls personally and promptly when needed. Fees are fair and straight forward. Very responsive and helpful and explains everything in plain English.

    Read more

    Mathew Hazan

  • google
    5.0/5.0

    My experience with the Law Office of Mr Riotto could not have been better. His paralegals and other support people were always professional and responsive. They kept me well informed and I could not be happier with the results of his work. If you ...

    Read more

    Robert Gibson

  • lawyers
    5.0/5.0

    All of the staff were very responsive and helpful from start to finish.

    Read more

    Client

  • google
    5.0/5.0

    Mr. Riotto and his team are excellent to work with. They were responsive to my questions, professional, knowledgeable and efficient. I cannot recommend them highly enough.

    Read more

    Bobby Gill

See all reviews
Contact us

Quick Contact Form