
Probation is a common alternative to incarceration. If you are facing criminal charges in New Jersey, it is important to understand whether you are eligible for probation and how it will work if it is a part of your sentence. Consult with a skilled Bergen County criminal defense lawyer today to discuss your situation and learn more about your legal options.
What is Probation?
Probation is a form of court-ordered supervision. It allows individuals who have been convicted of a crime to either be released from imprisonment before their sentence is up or to remain in the community under supervision instead of going to jail.
This sentencing alternative or early release is designed to hold offenders accountable for their actions but allow them the chance for rehabilitation and freedom. It is important to keep in mind that probation is a form of conditional freedom, and the offender is not afforded all of the rights as any other person: they are held to certain standards and requirements.
How Does Probation Work in NJ?
During your criminal case, you will be either convicted or acquitted. If you are convicted, as in found guilty, then the presiding judge will proceed with sentencing. You can face a variety of penalties depending on the type of crime you committed, the nature and severity of the offense, and other circumstances specific to your situation. As part of your legal consequences, you could be sentenced to a term of imprisonment or allowed to remain free through probation.
If you are sentenced to a term of imprisonment, there is a chance that you could be released early and put on probation. Either way, it is important to understand how it works.
When a judge imposes probation, they set certain terms and conditions that the offender must abide by for a specified period of time and assign a probation officer to oversee the case. The probation officer is responsible for monitoring the offender and ensuring compliance with the conditions of their probation.
The terms of probation can vary depending on the individual’s circumstances but generally can include the following conditions.
- Comply with regular check-ins with the probation officer
- Allow random home visits
- Submit to random drug or alcohol testing
- Attend counseling
- Comply with a curfew
- Remain in a specific geographical area and request permission before traveling or moving
- Maintain employment
- Perform community service
- Follow all laws
If you abide by the terms of your probation for the amount of time specified, you will have served your sentence. However, any violations of the terms can result in significant consequences, including stricter conditions, an extended probation sentence, or a revocation of probation, meaning you will be sent to prison to serve the remainder of your sentence.
Understanding your legal rights and responsibilities during probation is crucial. Schedule a free consultation with a skilled attorney at the Law Office of Boyd & Squitieri today for more information.