Probation allows people who have pled guilty or been convicted of a crime to serve all or part of their sentence outside of jail or prison. A person who is sentenced to probation must strictly comply with various terms to remain out of custody. Violations of probation are treated very seriously in New Jersey, and often result in incarceration and the real possibility of the acceleration or revocation of a deferred or suspended sentence. Prosecutors may argue that the Court should revoke probation and sentence the defendant to the full sentence of the original crime.
You are however, entitled to a hearing, and to an attorney. This hearing will not address the underlying crime, only whether you have failed to comply with the terms of probation. Many times, the Court can be convinced to modify, as opposed to terminate probation, or require incarceration. It is, however, your responsibility to convince the Court to do so. Probation is a privilege, not a right in New Jersey.
If you have been accused of a Violation of Probation, you face serious consequences. You will need the help of an experienced attorney to effectively communicate with the Judges, prosecutors and probation officers to seek innovative solutions to avoid jail or even prison. I am in regular contact with Probation departments throughout New Jersey on behalf of my clients to help them stay the course of the probation and avoid a custodial sentence.
If you have been accused of violating probation, or if there is a warrant for your arrest, contact us today at (609) 294-8300 to help you protect your rights.