When you are placed on probation after being convicted of a criminal offense, you must follow specific restrictions and limitations as imposed and outlined by the court. Failure to do so could come with devastating consequences. But what happens if you do not fully understand the terms of your probation? What do you do if you are accused of breaking the rules of probation? You may need an experienced New Jersey probation violation attorney to help you defend yourself and protect your future.
Our probation violation lawyers have considerable experience handling cases like yours and will offer unique insight into how to best approach your case. Contact a New Jersey criminal defense lawyer at Criminal Defense Lawyer Jenna Casper Bloom for a confidential case review today and learn more about how to challenge the allegations against you.
Common NJ Probation Requirements
Depending on the type of crime you were initially charged with, the probation requirements can vary widely. Judges do not need to pass down any mandatory probation requirements and have the authority to be as strict or lenient as they deem appropriate when a defendant is placed on probation. According to New Jersey law, defendants can be placed on probation for a maximum of five years. You will be legally required to adhere to the requirements imposed, or you could risk severe penalties, including the revocation of your probation.
Some of the most common types of probation requirements seen in New Jersey include:
- Housing restrictions
- Random drug or alcohol testing
- Attendance at Alcoholics Anonymous or Narcotics Anonymous meetings
- Completion of a drug or alcohol treatment program
- Completion of a driver retraining program
- Attending regular meetings with your probation officer
- Community service requirements
- Wearing an electronic monitoring device
- Firearm possession restrictions
- Completion of anger management counseling
- Attendance at mental health counseling appointments
- Not being allowed to leave the state of New Jersey
- Abiding by a curfew
- Obtaining gainful employment
- Paying court fees, fines, and restitution to any alleged victim in your case
- Going back to school or a job training program
- Being prohibited from associating with specific individuals
You will also likely face a probation violation if you are arrested or charged with a crime while on probation. Do not make the mistake of believing your probation officer (PO) is your friend or on your side. Although you should always strive to have a good relationship with your PO, the fact of the matter is that the PO is employed by the state and can violate your probation if you make even the slightest mistake.
Although being placed on probation is an excellent alternative to facing time in jail or prison, some of the restrictions can be difficult for defendants to adhere to. If you have been accused of violating your probation, it is crucial that you have an experienced criminal defense lawyer on your side. Otherwise, you could face the penalties of the crime you were initially charged with and additional criminal charges. Your probation violation lawyer at Criminal Defense Lawyer Jenna Casper Bloom will review the circumstances of your case and attempt to negotiate with your probation officer and potentially the district attorney to avoid having your probationary sentence revoked.
Common Types of Probation Violations in New Jersey
The stipulations of being placed on probation include the requirement that you adhere to your probation terms. When you are initially placed on probation, it can seem like the answer you had been hoping for. If you had been convicted of the charges you were facing, you could have spent years in jail or prison and be ordered to pay exorbitant fines to the court or alleged victims in your case. Fortunately, probation keeps you out of the state’s custody for the duration of your probation term.
Once you meet the court-imposed requirements, you will no longer have to follow the stipulations of your probation sentence. Unfortunately, far too many individuals on probation find themselves accidentally violating the requirements of their sentence. Some of the most common ways defendants get charged with probation violations include:
- Failing an alcohol or drug test
- Not being able to pay court fines
- Being arrested for a new offense while on probation
- Leaving the state without permission from the court
- Forgetting to tell probation officers about employment changes
- Getting behind on restitution payments to any victims in your case
- Failure to attend violence prevention or anger management courses
- Failing to complete a drug or alcohol treatment program
- Forgetting to notify probation officers about new phone number or address changes
- Failing to report to probation officer meetings
- Unlawfully possessing a firearm or other weapon
- Violating the terms of an existing restraining order
- Unlawful possession of alcohol, narcotics, or prescription medications
- Communicating with someone you were prohibited from associating with
These are just a few examples of potential probation violations. If you have been accused of committing another type of violation, our criminal defense attorneys may be able to help you defend yourself and avoid getting your probation revoked. Our team of aggressive criminal lawyers can also help you clear your name of the charges against you if you have been arrested for a new offense while on probation.
Criminal Defense Lawyer Jenna Casper Bloom Defends Those Accused of Probation Violations
Although you may have already been through a trial or worked out a plea agreement that allowed you to be placed on probation, if you are accused of violating the terms of your probation, it is similar to being charged with a new crime. Although probation violations in and of themselves are not criminal offenses, the reasons for the probation violation could lead to additional criminal charges. Failing to complete the required terms could result in a probation revocation and ultimately lead to the imposition of the penalties associated with the original crime you were charged with.
Our probation violation attorney will be prepared to go up against your probation officer if they accuse you of a violation. Unfortunately, there is no right to a jury when it comes to your defense. Probation violations do not need to be proven beyond a reasonable doubt for a guilty verdict to be handed down. In most cases, judges will take the probation officer’s recommendation when determining whether to revoke your probation or impose other penalties if you are found guilty.
Fortunately, our criminal defense lawyers at Criminal Defense Lawyer Jenna Casper Bloom will be by your side in the hopes of preventing the probation officer from recommending that you be sent to jail or prison. After reviewing the cause of the alleged probation violation, we will be better able to explain the technical violation. This way, the probation officer sees that you are taking your probation and the stipulations associated with it seriously. In doing so, your probation officer may have dewclaws to continue supporting you as you a.m. to put your initial criminal charges behind you. You can rely on your probation violation lawyer to help you understand the terms of your probation requirements and recognize that there are limits imposed that must be followed if you hope to protect yourself.
How Our Probation Violation Attorneys Can Help
Your probation violation attorney will be tasked with helping you avoid getting your probation revoked. When you are accused of a probation violation, you are not only facing the violation allegations in question but the criminal consequences associated with the charges that put you on probation in the first place. Some of our most important tasks and responsibilities throughout this process will include:
- Working with your probation officer and prosecutors to frame the situation correctly
- Protecting you from providing the prosecution with evidence or other materials to use against you
- Acting as your intermediary with your probation officer, police, and prosecutors so you do not say anything that could leader be used against you
- Investigating the probation violation in question
- Gathering valuable evidence to support your case, including witness testimony or physical documentation
- Request copies of the state’s evidence against you so we can file pretrial motions and get any unlawfully obtained or illegitimate evidence dismissed
What to Expect During Your New Jersey Probation Revocation Hearing
You will not face a trial if you are accused of violating your probation terms. Instead, you will attend a probation revocation hearing. This is a formal proceeding that will be overseen by a judge. There is no jury in New Jersey probation revocation hearings. Since the burden of proof does not need to be beyond a reasonable doubt, the district attorney will not need to meet this standard.
Your probation revocation hearing is more relaxed than a trial, so we can discuss specific information in the details of your case without having to worry about self-incrimination or formal rules that could adversely impact the outcome of your case. Have your criminal defense attorney advise you throughout these proceedings so you can take steps to protect yourself and successfully challenge the prosecutor’s case against you.
Consequences of Violating New Jersey Probation Requirements
If you are found guilty of violating the terms of your probation, the judge will immediately sentence you. There is no trial because you have already been convicted of the initial offense in question and were originally placed on probation. Violating the terms of your probation means you could get sent to prison or jail or face other relevant mandatory sentencing guidelines.
Alternatively, the judge could agree to allow you to stay on probation but add additional restrictions or extend the length of your probationary sentence. Other potential consequences you could face include:
- Being sent to jail for a short period of time before you are allowed to continue being on probation
- Switching your probation terms from unsupervised to supervised
- Revoking your probationary sentence completely
- Enhancing your probation requirements, including adding random drug or alcohol testing or treatment programs
- Being required to serve you’re suspended jail sentence
By working with the prosecutor and your probation officer, your defense attorney may be able to avoid some of these more severe consequences. If we can get the state to see you are taking your probation sentence seriously, they may be less likely to impose these harsher limitations, restrictions, and penalties.
You Could Face Criminal Charges
One of the most common reasons probation violations occur is because defendants who are already on probation or arrested or charged with a new criminal offense. For example, if you were already on probation and more recently arrested for driving under the influence (DUI) of alcohol or drugs, not only will you likely face a probation revocation hearing, but you will also need to defend yourself against the DUI charges in question. You are now at risk for the consequences of being found guilty of violating your probation and a DUI or DWI.
For this reason, it is essential that you have a criminal lawyer on your side who cannot only represent you during your probation revocation hearing but also defend you against any new charges you may be facing. Having relationships with the prosecuting attorneys makes it possible to fight probation revocation charges and potentially avoid a jail or prison sentence if you can get your charge reduced to a lesser offense or dismissed entirely. You might even be able to enter a pretrial diversion program if the offense in question was nonviolent.
If your probation is ultimately revoked and you are found guilty of the new criminal charges, your attorney may be able to advocate that you serve your sentences at the same time instead of having to serve them consecutively, which would dramatically increase the amount of time you are in the custody of the state. You can learn more about the penalties you are facing and how to protect yourself by reaching out to a probation violation lawyer for help as soon as possible.
Meet With an Experienced New Jersey Probation Violation Lawyer Today
Probation violations may seem minor, but a conviction will have devastating consequences. We are ready to help you tell your story and challenge the allegations you are facing. Request a confidential consultation to get our probation violation attorney’s resources and legal training to work for you.
When you are hoping for the best possible outcome, working with a respected criminal defense lawyer is in your best interests. Complete our secured contact form or call our office to schedule your defense strategy session as soon as today.
