What is probation and what can it entail/include?
Probation in New Jersey is an order made by the court that allows a person who is an offender to stay part of the community but under the supervision of the probation officer. The conditions of probation are usually set by the courts and can vary. Some conditions could include reporting to the probation office over a period of time, to stay away from law violation, to continue to pay fines and stay away from illicit substances, etc.
What are the probation violations laws in New Jersey?
Common Probation violations in New Jersey can include:
- Violation of curfews
- Failed urinalysis for drug testing or other tests
- Lack of supervision fee payment
- Failure to have regular meetings with your officer
- Criminal activity or criminal association during the probation period
- Breach of employment rules and restrictions
- Failure to show up for drug/alcohol treatment
- Escaping Electronic monitoring
- Nonpayment of fines and court costs
- Going AWOL on Community service
What are the penalties if someone violates their probation?
If there is a breach in probation and you have violated the probation agreement between the spouses, the probation will be revoked depending of the seriousness of the violation, stricter more ardent conditions of probation may also be imposed. It may possibly result in excess jail time to the one already guilty of probation violation.
What are my rights at a probation hearing?
When you are defending yourself against a probation violation, you have little rights. You have no right to trial by Jury under the New Jersey probation violation laws. Also, the violation needs not be proved beyond doubt, only convincing evidence would do. The only rights you have are a right to counsel, to confront and cross examine witnesses, and to present evidence for yourself and to make sure they fight your case. They will usually be done before you can plead guilty or not guilty.
Why you should hire a probation violation defense attorney?
If you are facing probation violation hearings, you need a lawyer who has the knowledge, the negotiation skills, and the experience to sway the judge’s decision in your favor and compel them to give you another chance.
Can I be held without bail for probation violation?
Yes, you can be detained for probation violation until your probation hearing if the officer has reason to, and evidence to, suggest you escape the authorities or pose danger to the general public at large.
What happens if I am convicted of my probation violation?
If you are convicted of probation violation, the judge will look at the probation officer’s recommendation for punishment and look at your past record before deciding on your punishment. You can face stricter probation terms or an increased prison sentence on top of probation cancellation.
What if I fail to appear in court?
The proceedings will go on without and the order by default could find you guilty and declare you’re a fugitive. This would also result in a new sentence being added to your already set prison term.
What is a show cause hearing?
A show cause hearing is a hearing where the parole office or the higher law enforcement authorities can ask you to explain your recent minor probation violation. Lack of satisfactory answer could result in trial.
Call to speak with one of our probation lawyers at Castronovo & McKinney for a free consultation or a second opinion regarding your probation charges. We can be reached at 973-920-7888 or by filling out our confidential case evaluation form.