Probation Violation

While being on probation is certainly easier than being in jail, sometimes the restrictions can be complicated. and some of the rules and standards you must adhere to can be difficult, and the consequences for a mistake can be serious. If you misstep you can quickly be locked up.

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A New Jersey probation violation hearing can be as high stakes as a courtroom trial, and a bad result can land you in jail. Which is why a strong legal advocate defending you can be critical.

It very possible to accidentally, or unavoidable violation your probation. There are always extenuating circumstances.  We can discuss exactly what happened to you, and figure out a strategy to argue that you did not knowingly violate your probation, or there are circumstances that indicate you clearly deserve a second chance. In the worst case, a lawyer can make an argument on your behalf to minimize the damage.

What is a NJ Probation Violation Offense?

There are strict rules that must be followed while on probation. Some that apply to all probationers and others that may have been applied to your case because of the crime you were charged with.

Common conditions of probation in New Jersey include:

• Curfews
• Random urinalysis for drug testing or other tests
• Supervision fees
• Regular meetings with your officer
• No criminal activity or criminal association
• Employment rules and restrictions
• Drug/alcohol treatment
• Electronic monitoring
• Payment of fines and court costs
• Community service

What Exactly is Probation?

In order to understand how a violation works, you must understand what probation actually is.

When you face criminal charges you face a potential jail or prison sentence. The judge will look over your criminal history and other factors to determine if you are a risk to yourself or the community. If it is determined that you are a good candidate for community supervision, you may be allowed to serve probation, and a suspended sentence rather than your sentence of incarceration.

Probation is often referred to as a “suspended sentence”. This means that when you are sentenced, the judge will give you a jail sentence but will suspend that sentence while you serve your probation. If you are caught in violation of probation, that sentence can be activated, sending you to jail.

What Happens if I Violate Probation?

There are many tools afforded to probation officers in New Jersey. What happens or what court imposed penalties you could face when you violate depends on the seriousness of your violation. If you miss an appointment, your probation officer will likely overlook it. They may, however, tighten the conditions of your probation—requiring you to check in more often or adhere to a curfew.

When the officer believes your violation deserve the attention of a judge, you will be taken to court on a probation violation hearing. A warrant will be issued and you can be arrested by your P.O. or the police to answer to probation violations.

When you go to court on a probation violation, a defense lawyer like myself can be a true asset.

Similar to the role I play in criminal court hearings, if you are charged with a probation violation I can help make sure your interests are represented in court.

I will advocate that you be given another chance and will do my best to help you stay out of jail.

If you are facing probation violations, contact me today. We can discuss what will happen at your hearing and how I can help.