Probation is a privilege that offers individuals the opportunity to stay in their community, work, and care for their family instead of going to jail. However, there are strings attached to this second chance. If you miss a meeting with your probation officer, test positive for drugs, or are accused of breaking some other rule, it could be seen as a violation. Probation violations can be accompanied by significant penalties and legal consequences. Whether your violation was intentional or a mistake, understanding how these situations are handled is crucial in protecting your rights and future. Read on and work with an experienced Bergen County criminal defense lawyer for skilled representation today.
What is Probation?
Probation is an alternative sentencing option that the court can impose instead of jail time. It allows you to remain living in the community under supervision, rather than behind bars. While you are technically free, probation is a conditional freedom. You are permitted to avoid incarceration, given that you are supervised by a probation officer and abide by a variety of conditions.
The goal of probation is to allow individuals to work, support their families, and rehabilitate, rather than sit in prison. The conditions of probation are designed to ensure that you are following the law, contributing to the community, and making progress toward rehabilitation. Common examples of these conditions include:
- Regularly reporting to the probation officer
- Maintaining a job or attending school full-time
- Abstaining from drug or alcohol use and submitting to random testing
- Completing counseling, community service, or other treatment programs
- Paying restitution or fines
- Remaining in a geographical region unless given permission to travel
- Avoiding new criminal activity and abiding by all laws
The terms of probation are unique to each case, but equally important.
What Are the Penalties for Probation Violations in NJ?
Any type of violation of the terms of your probation can result in legal penalties. If your probation officer believes you have violated a condition, they can arrest you without a warrant. Alternatively, a judge can issue a warrant for your arrest.
If it is found that you did violate one or more conditions of probation, several things can happen. First, you could be issued a verbal or written warning and be allowed to continue on probation. This is generally allowed if the violation is minor or a first-time offense. The judge can simply reiterate or reinforce the original terms.
The court could also enhance the conditions of probation. This means you are permitted to continue probation, but with additional or stricter terms. Additionally, the period of probation could be extended, meaning it will take longer for your sentence to be considered served.
In serious cases, your probation could be revoked and your original jail or prison sentence imposed. In this case, the probation you have already served will count toward your term of imprisonment, but you will be required to serve the remainder in custody.
Because the penalties for a violation can be so severe, it is highly recommended that you seek legal help from an experienced criminal defense attorney.