Violations Of Probation
What Is Probation?
When a judge imposes a sentence, for some crimes, she has the option of sentencing the person to a term of probation. During the term of probation (1-5 years), the person must abide by the specific terms and conditions. These terms and conditions are then overseen by an assigned probation officer.
If you or anyone you know has been sentenced to probation, you are directed to meet regularly with your probation officer. The officer is employed by the State of New Jersey and must monitor your compliance with the terms that were made part of your sentence.
General terms of probation in New Jersey include reporting regularly, testing negative for illegal substances or those for which you have no prescription, obtaining or maintaining employment, remaining offense free, not lying to probation, paying all fines and restitution, and permitting the officer to visit your residence if desired. Additionally, you cannot leave the state without permission (even for work) and must get permission to move outside of the state.
Special conditions may also apply that are unique to you and your charge. For instance, you could be required to serve some jail time along with probation, attend a drug or alcohol treatment program, or perform community service.
All of the conditions, if not met or abided by, can result in a violation.
VIOLATION OF PROBATION HEARINGS AND POSSIBLE SENTENCES FOR VIOLATING YOUR PROBATION IN NEW JERSEY
If it is alleged that you violated your probation, the court will set the matter down for a hearing.
At a hearing, the prosecution will have to prove by a preponderance of the evidence that you violated the conditions of your probation. If proven guilty, the court will resentence you to any statutorily permitted sentence you could have received when first sentenced by the Judge. For example for a third degree crime, you could receive 3-5 years in state prison and for fourth degree crimes a term of 12-18 months in state prison can be imposed. For those in drug court for higher second degree crimes. your probation could be revoked and a prison term of 5–10 years be ordered instead.
For disorderly persons offenses, the jail time is a less but the court could still send you to the county jail up to 180 days.
An attorney who has experience in violations of probation can lessen the impact a violation may have on your life. Ms. Fiorino will fight the violation of probation but will also seek to reach an agreement to minimize the consequences of the violation or to continue on probation if desired.
Common Violations of Probation
- Missing appointment with a probation officer. If you are being supervised on probation, you will be required to meet with your probation officer on a regular schedule set by him. If you miss an appointment, this is considered a probation violation, and your probation officer could report this to the court.
- Missing a court hearing. The judge may require you to attend further court hearings after a specified period of time to review your progress. If you fail to attend the court hearing, this would be a blatant and severe violation of your probation.
- Failing to pay fines or restitution. Depending on the crime that you are convicted of committing, the judge could require you to pay fines or restitution to the victim. If you fail to pay the fines and restitution on the payment schedule set by the judge, you could be charged with a new offense for violating your probation.
- Not completing community service. If you are sentenced to community service, you will be required to complete a set number of hours of service within a given period of time. Failing to do so would constitute a probation violation.
- Testing positive for illegal substances on failing to obtained complete treatment.