What are the consequences of Probation Violation in New Jersey?

What is Probation?

Probation can be described as an alternative punishment to incarceration. It is a non-custodial sentence, which allows the offender to function within a community rather than being confined in jail or prison. It is often considered as the best possible outcome following conviction, though it does impose certain restrictions. A person sentenced to probation is kept under supervision of a probation officer (PO). A probationary sentence in New Jersey can last up to 5 years and the offender has to report to their PO on a regular basis. The PO ensures that the subject is abiding by all stipulations of their probation sentence.

In most cases, the individual under probation has to fulfill more or less of the following provisions:

• Completing a number of hours of community service
• Respecting a curfew
• Not seeing certain people
• Staying away from particular places
• Timely payment of fines/fees
• Reporting to the PO at scheduled meetings
• Submitting to blood/urine tests
• Attending a disciplinary course
• Going to school/retaining employment
• Abstaining from alcohol/drug consumption
• Going in for counseling or rehabilitation
• Not committing another offense
• Not leaving a defined geographical area
• Installation of an interlock device for using a vehicle
• No carrying of weapons/arms

Probation Violation and Defense

A probation violation occurs when a person fails to fulfill the mentioned requirements or violates any of the imposed conditions. Many individuals under probation have a good relationship with their PO, and sometimes assume that they will ignore or forgive minor setbacks. However, it is important to understand that the PO is answerable to higher authorities, so they will not risk their own job or compromise their professionalism for your benefit.

Below are some common examples of probation violation:

• The offender does show up at scheduled meetings with the supervisor, or lacks punctuality
• Test results indicate that the offender has been drinking or using drugs
• The offender is charged for another or repeat offense

If the terms and conditions of the probation are violated, the probationary sentence would be revoked and the offender may have to serve the standard sentence for their crime; they will also be subject to additional charges for violating the probation agreement. Most of the time, the violator is sent to jail or prison to do their time. When the probation officer files a complaint, you will be called in to present your case in a courtroom hearing. It is crucial to attend the hearing, preferably with your defense attorney.

The courtroom judge will provide you the opportunity to explain or justify your actions; you can also contest the complaint if it is incorrect or the result of a misunderstanding. Law enforcement will look into the matter to determine if the allegations against you are legitimate. Criminal Defense Attorney in Haddon Heights, NJ, can help you fend off false accusations or redeem yourself if the violation was an honest mistake. Your attorney will equip you with an appropriate defense, so that the designated judge may dismiss the charges or give you another chance.

Some violations are unavoidable under unusual circumstances or when the subject has encountered an emergency. The judge shall be understanding towards your conduct, as long as you are able to provide good reasoning for it. If your overall behavior is exemplary, the judge is likely to forgive a minor or accidental violation. 

Article source: https://article-realm.com/article/Finance/19352-What-are-the-consequences-of-Probation-Violation-in-New-Jersey.html