When a person is convicted of a crime in New Jersey, they can face certain consequences. Instead of going to jail for their crime, they may be sentenced to probation in some cases. Probation allows a person to serve their sentence within their community under the supervision of a probation officer instead of in jail. In doing so, there are certain guidelines that must be followed. If they fail to meet the conditions of their probation, it is a probation violation. These violations can result in 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.
What are Probation Guidelines?
Criminal offenders in New Jersey can be placed on probation for one to five years. Depending on their behavior, this time can be extended or terminated early. If they violate any conditions of their probation, the individual can be charged with a probation violation. During this time, a probation officer can do random check-ins to make sure they are following the rules. Some conditions that may be placed can include the following:
- Meeting with their probation officer
- Pay fines associated with the charges they are facing
- Maintain employment
- Participate in community service
- Attend counseling
- Abide by a curfew
- Do not break any laws
- Urine monitoring
What Happens if I Violate Probation?
When a person violates probation, their probation officer will file a Violation of Probation (VOP) complaint with the court. This outlines the violation in detail. A court hearing will then be held to determine if the complaint is valid or not. If the offender fails to attend, a warrant can be issued for their arrest. During the hearing, the judge will listen to the individual’s explanation. If the judge decides they did not violate their probation, they can be let go. If the judge decides they are guilty, penalties can be imposed depending on the severity of the case. It is important to know that this could result in revoking their probation and being sent to jail.
What are Defenses Against Probation Violations?
Individuals facing probation violation charges need the help of a criminal defense attorney who can argue their case. Possible defenses that can be used can include:
- The alleged complaint is wrong
- The alleged acts are not a violation of probation
- The violation was minor or done by accident
- Good behavior makes further penalties unnecessary
Contact our Firm
Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.