Individuals who are convicted of a crime in the state of New Jersey may be sentenced to probation instead of being required to go to jail. This allows them to serve their sentence within their community. While this is true, it is still done under the supervision of a probation officer. A probation officer sets certain guidelines that must be followed, otherwise the individual is in violation of their probation. This can result in further consequences. Continue reading below to learn more and contact an experienced New Jersey criminal defense attorney for assistance if you are facing this situation.
What are Probation Guidelines?
In New Jersey, a person can be placed on probation for one to five years. This time can be extended or terminated early depending on the individual’s behavior. During this time, a probation officer can do random check-ins to see if they are following the correct guidelines. If the terms of their probation are violated, this can result in a probation violation. Some conditions 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?
If a probation violation was committed, the officer will file a Violation of Probation (VOP) complaint with the court outlining what happened. A court hearing will then take place to determine if the complaint is valid or not. It is important to note that if the individual does not attend this hearing, a warrant can be issued for their arrest. During the hearing, they can explain their case to be evaluated by the court. If the judge decides the complaint is not valid, they can be let go. However, if the judge decides they are guilty of violating probation, they can face certain consequences. In some cases, it could result in the revocation of their probation and being sentenced to jail.
What are Defenses Against Probation Violations?
During this time, it is crucial to have the assistance of a criminal defense attorney who can uncover all possible defenses to your case, such as:
- 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
If you are charged with upgraded domestic violence charges in New Jersey, you need strong legal defense that understands how to deal with these serious situations. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey domestic violence lawyer that will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.