Individuals who are convicted of a crime in the state of New Jersey can face certain consequences, including a period of probation. Probation lets a person serve their sentence within their community instead of going to jail or prison. While on probation a person will be supervised by a probation officer and must follow certain probation guidelines and rules. If a probationer fails to comply with the conditions of probation, the probation officer will file a violation of probation. When this happens, the probationer may face additional consequences. If you are facing a probation violation, it is important to retain the services of an experienced New Jersey criminal defense attorney for assistance with your case.
What are Probation Guidelines?
In the state of New Jersey, a criminal offender can be placed on probation for one to five years. The time a person is given can be extended or terminated early, depending on their compliance with the conditions of probation. While on probation, a probation officer will do random check-ins to ensure that probationers are following the rules. Some conditions that may be placed on a probationer can include the following:
- Meeting with their probation officer
- Paying court-ordered fines
- Maintaining employment
- Participating in community service
- Attending counseling
- Abiding by a curfew
- Remaining arrest free
- Submitting to drug testing
- Attending educational programs
What is the Consequence of Violating Probation?
When a person violates probation, their probation officer will file a Violation of Probation (VOP) complaint with the court. This complaint outlines the violation(s) in detail. A court hearing will then be held so the court can determine whether the violation occurred and to what extent. At the hearing, the judge will listen to the probation officer’s explanation of the violations and then will hear the probationer’s explanation in defense. The judge will then determine if the complaint is valid or not. If the judge decides the individual did not violate the terms of their probation, they can be let go to continue probation. However, if the judge decides the individual is guilty, the judge can impose additional penalties such as extending probation or terminating probation and sending the probationer to jail. If the probationer fails to attend the hearing, a warrant can be issued for their arrest.
Contact our Firm
When facing a probation violation, it is important to retain the services of a criminal defense attorney who can argue your case. If you or your loved one has been charged with a violation of probation, having an experienced criminal defense team available to advocate on your behalf is crucial. The Rem Katcher Law Group, P.C. is here to help. Contact our firm today.