Probation Violation Defense in White Plains & Westchester County

A probation violation allegation doesn't bring a new charge. It brings the full weight of your original sentence back onto the table. Whether your case moves through Westchester County Court or White Plains City Court depends on whether the underlying conviction was a felony or a misdemeanor. Either way, Michael J. Borrelli knows those courtrooms, those prosecutors, and the Westchester County Probation Department that filed the violation against you. He spent more than 30+ years inside the Westchester County DA's Office. It is the same office that prosecutes these cases. This included seven years in the Superior Court Trial Division and time supervising DA branches in New Rochelle, Northern Westchester, and Yorktown. He also served as legal advisor to more than 20 police agencies across the county. That institutional knowledge of how Westchester handles probation violations is something few out-of-county attorneys can match.

If you've been notified of a violation or taken into custody, contact The Law Offices of Michael J. Borrelli, P.L.L.C. now for a free consultation, available 24 hours a day, seven days a week, weekends included. Call (914) 928-2766. Hablamos español.

What Counts as a Probation Violation in New York

Under New York CPL Article 410, probation is a court-ordered sentence imposed in place of incarceration, subject to specific conditions set by the sentencing judge. Violating any one of those conditions, intentionally or not, can trigger a formal allegation and a hearing before the court.

Violations generally fall into two categories. Technical violations involve failing to comply with the specific terms of probation: a missed check-in with a probation officer, a failed drug or alcohol test, or failure to complete a court-ordered program. Substantial violations are more serious and typically involve new criminal conduct or a new arrest while probation is active. The Westchester County Probation Department supervises conditions that commonly include regular meetings with a probation officer, drug and alcohol testing, travel restrictions, weapons prohibitions, and no-contact orders with specific individuals.

Among the probation violation issues our White Plains clients most often face:

• Failing to maintain an ignition interlock device following a DWI conviction
• Contacting the victim of an assault or domestic violence incident
• Failing to register as a sex offender
• Failing to enroll in or complete court-ordered programs such as alcohol education or domestic violence treatment
• Failing to complete court-ordered community service
• Failing to pay court-ordered fines or restitution

How Probation Violation Hearings Work Under CPL 410.70

Probation violation proceedings in New York are governed by CPL 410.70. There is no jury. The hearing is a summary proceeding decided by a judge alone. The standard of proof is preponderance of the evidence, meaning the prosecution only needs to show it is more likely than not that a violation occurred. That's a lower bar than the beyond-a-reasonable-doubt standard used in criminal trials, which is why taking a violation notice seriously from the start matters.

At the hearing, the prosecution presents its evidence and witnesses first. The defense has the right to cross-examine those witnesses and present its own evidence. Under CPL 410.70, revocation requires the court to find that the defendant violated a condition of the sentence. At the conclusion of the hearing, the judge may revoke, continue, or modify the probation sentence.

The potential consequences are serious. If probation is revoked, the court may resentence you for the original offense. In felony matters heard in Westchester County Court, a judge may remand you without bail while the proceeding is pending. Defendants are entitled to counsel at every stage of a CPL 410.70 proceeding.

Why White Plains Clients Facing Probation Violations Choose Michael Borrelli

From 2007 to 2019, Michael served as the DWI Coordinator for the Westchester County District Attorney's Office, responsible for training every ADA and law enforcement officer in the county on New York DWI law and procedures. Few criminal defense attorneys in Westchester held that role inside the county's prosecution infrastructure. When Michael walks into Westchester County Court or White Plains City Court on a probation violation matter, he knows the system from the inside out.

That background is reinforced by decades of case volume. Michael has handled thousands of criminal cases and more than 40 felony trials, covering charges from murder and robbery to burglary and attempted murder. He personally attends 99% of client court appearances, so the attorney standing next to you is typically the attorney you hired. He graduated cum laude from St. John's University School of Law in 1995 and is an active member of the Westchester County Bar Association, the New York State Bar Association, and the New York State Association of Criminal Defense Lawyers.

Michael was appointed by Presiding Justice Hon. A. Gail Prudenti to serve on the Committees on Character and Fitness of the Appellate Division, Second Judicial Department. It is a judicial appointment held by very few practicing defense attorneys. He has also served as a guest speaker at continuing legal education programs for attorneys and law enforcement agencies on topics including DWI Pringle Hearings, Hardship Hearings, and the examination of DWI witnesses. As a lifelong Westchester County resident, he has worked with every court and police agency in the county for nearly three decades. Learn more about The Law Offices of Michael J. Borrelli, P.L.L.C..

Frequently Asked Questions

Can I Be Held Without Bail After a Probation Violation Is Filed?

In felony probation cases, New York courts can remand a defendant without bail while the CPL 410.70 proceeding is pending. In misdemeanor matters, some judges may consider a bond, particularly where the violation is financial or technical in nature. Whether you can be held depends on the original offense, the nature of the violation alleged, and how your situation is presented at the initial court appearance. A Westchester Criminal Defense Attorney can argue for the most favorable available outcome at that stage.

What Happens to My Probation Violation If the New Charge Is Dismissed?

A dismissal or acquittal on the underlying criminal charge can significantly weaken the prosecution's case at the violation hearing. The preponderance standard still applies, so the proceeding doesn't automatically end, but the prosecution loses its primary evidence. Defending the new charge aggressively is part of a coordinated strategy, and early intervention on both tracks can put you in a stronger position at the violation hearing.

Contact a Probation Violation Attorney Serving White Plains

Probation violation hearings move on the court's schedule. The earlier you have counsel who knows the Westchester County court system, the more options may be available before the hearing date arrives.

The Law Offices of Michael J. Borrelli, P.L.L.C. offers free consultations around the clock, day, night, and weekends included. We serve Spanish-speaking clients throughout White Plains and Westchester County. If you or someone you know is also facing a parole violation, we can help with that as well. Call (914) 928-2766 now to speak with a probation violation attorney familiar with the courts, the prosecutors, and the defense process in White Plains.