Violation of Probation
Probation Violation Lawyer in Monmouth County NJ
Have you been issued with a violation of probation in Monmouth County? If so, we strongly urge that you speak to an experienced criminal defense attorney as soon as possible about your options. Fully understanding the violation and the options you may have is absolutely crucial when it comes to defend the violation in court. It is no secret that Judges and Prosecutors take these types of violations very personally. When a judge impose a term of probation, more often then not, they look at is as a way of giving the Defendant the opportunity to prove to them that they can be rehabilitated. So you can imagine the frustration that some feel when the Defendant that they just gave a break to comes back before them on a probation violation. For more information on violation of probation charges, including potential violations, please see below.
Need Local Attorney for Violation of Probation in Freehold NJ
As you will see below, there are various different ways in which a Defendant could violate probation in New Jersey but by far one of the most common is when the person gets re-arrested for a new offense. This is when things can quickly go from bad to worse. As now, the Defendant not only has to deal with a violation of probation, that could very easily land them in a State Prison but they are also forced to deal with a new charge that similarly could land them in State Prison itself. If you have been issued a violation of probation in Monmouth County, in towns like Howell, Long Branch, Holmdel, Middletown, Freehold, Asbury Park, Wall Township, Ocean Township, Manalapan or Englishtown, the Law Offices of Proetta & Oliver can help. If you would like to set up a free initial consultation today, please contact our Middletown office at 732.858.6959. One of our Monmouth County criminal defense attorneys would be glad to sit down and go over the specifics of your case and formulate a game plan that works best to suit your needs.
What Conditions Can be Placed on Probation in New Jersey?
When a Defendant is placed on probation in New Jersey it is traditionally associated with several conditions. First there are what is known as the “standard” conditions, which include:
- Obey all federal, state, and municipal laws and ordinances.
- Notify your probation officer if you are arrested.
- Report to your probation officer as directed.
- Answer truthfully all inquiries made by your probation officer.
- Permit your probation officer to visit your residence.
- Submit at any time to a search conducted by a probation officer.
- Promptly report any change of address or residence to your probation officer.
- Obtain permission from your probation officer if you wish to move outside the county or state.
- Cannot leave the state for more than 24 hours without permission from your probation officer.
- Cooperate in any medical and/or psychological examinations tests and/or counseling.
- Submit to drug or alcohol testing at any time.
- Support your dependents and meet your family responsibilities.
- Seek and maintain gainful employment.
- Cannot have in your possession any firearm or other dangerous weapon as defined in N.J.S.A. 2C: 39 et seq.
- Make payments on any fine, penalty assessment, restitution or other financial obligation as provided by Court order.
- Provide a DNA sample.
In addition to the standard conditions, the Judge may impose whatever other conditions he/she deems appropriate. Some of those additional conditions include:
- Anger Management
- Mental Health / Psychological Evaluation
- Refrain from Alcohol
- No Victim Contact
- TASC Evaluation
- Community Service
- License Suspension
What is Considered a Violation of Probation in New Jersey?
A violation of anyone of these conditions can automatically result in a Defendant being violated from probation. Some of the most common violations of probation that we see in Monmouth County include:
- Failure of a Drug Test
- Missing Appointment with Probation Officer
- Failure to Complete Follow Up Treatment – Psychological / Drug Treatment
- Arrested for new criminal charges
- Failure to Pay Fines and/or Restitution
What Happens at a Violation of Probation Hearing?
Once the Defendant’s probation officer formally files a violation of probation (VOP) with the court, the matter will be scheduled for what is known as a Violation of Probation Hearing. Prior to the hearing, defense counsel will be provided a violation of probation packet and will have the opportunity to speak with the probation officer and the prosecutor about potential resolutions, which can include continuing the Defendant on probation. If an agreement is reached, the Defendant will enter a formal plea of guilty to the charges and the case will proceed directly to sentencing.
If the parties are unable to come to a negotiated agreement as to the outcome, the case will be set for a formal hearing. During the hearing the State will be represented by the prosecutors office, with the main witness more likely than not being the probation officer themselves. This hearing will be similar to a bench trial, meaning that the Judge, more likely than not same Judge who imposed the original sentence will be the trier of fact. The Judge will make their determination on whether or not the Defendant violated probation on a preponderance by evidence standard as opposed to a beyond a reasonable doubt standard.
Can the Judge Impose a Jail Sentence on VOP in NJ?
If convicted, the Judge has the following options when imposing the sentence:
- Continue the Defendant on probation.
- Extend the term of probation.
- Impose new additional conditions.
- Remove conditions previously imposed.
- Terminate the Defendant from probation.
- Re-sentence the Defendant on the original charge, which could include:
- Impose a county jail term
- Impose a state prison term. Term cannot exceed the maximum exposure under the original charge (usually 5 Years)
Middletown Violation of Probation Charge Attorney
As you can see from above, violation of probations are anything but straight forward and they can have an absolutely devastating impact on someones life if not handled properly. If you would like to speak to one of our Monmouth County criminal defense lawyers about your options, then please contact our office at 732.858.6959 or you can try contacting us online. We serve all of Monmouth County, including towns like Aberdeen, Matawan, Hazlet, Tinton Falls, Belmar, Colts Neck, Atlantic Highlands and West Long Branch.