Across the U.S., there are an estimated 2.3 million people incarcerated. More than 4 million others are under correctional control. This includes offenders placed on community supervision (probation) and parole. Parole applies to offenders released from prison under some form of conditional supervision. Offenders on probation and parole that commit violations of the conditions or are convicted of another crime often face significant penalties.
New Jersey Probation
Within the judiciary, some divisions oversee adult probation for the criminal courts. Their mission is defined as promoting the "welfare and safety of children, families, and communities." They are responsible for the enforcement of orders made by the courts, offender supervision, monitoring of behavior, and more.
Probation Statistics: Adjacent State Comparison
|
State[1] |
Probation |
Incarcerated |
Population (2018 est.) |
Correctional Control % |
|
New York |
142,400 |
74,400 |
19,542,209 |
1.1% |
|
New Jersey |
155,700 |
32,000 |
8,908,520 |
2.1% |
|
Delaware |
15,800 |
6,600 |
967,171 |
2.3% |
|
Pennsylvania |
291,600 |
82,400 |
12,807,060 |
2.9% |
Conditions of Probation
Defendants placed on probation are provided with the written rules or conditions that they must comply with. The majority of those on probation will have regular times for reporting to their probation officer. Courts have some flexibility when establishing these conditions as long as they do not impose an “unreasonable” burden on the individual.
There may be hours of community service that must be completed. All fines and restitution are to be paid. The conditions may require regular drug screening and a host of other possible provisions.
Failure to Comply
Those who fail to abide by the conditions of their probation or those convicted of a subsequent criminal offense will be summoned to court or have a warrant issued for their arrest. A police officer that has reason to believe that a violation has occurred may arrest the offender without a warrant. The individual may be held without bail until their court hearing.
Those who are accused of a violation are strongly encouraged to contact an experienced criminal defense attorney. In criminal cases, the standard of proof required for a conviction is “beyond a reasonable doubt.” In deciding whether a probation violation has occurred, the standard is lowered to "by a preponderance of the evidence."
Those who violate the conditions of their probation may have it revoked and they will face sentencing for the original charges. When courts modify the provisions of or revoke probation, they will present the defendant with written justification. Probation is not revoked solely for failing to pay fines or restitution; however, this may not be the case if the defendant's noncompliance is willful.
Lawyer in New Jersey for Violations of Adult Probation
Those actively in community supervision programs may face severe penalties for failing to comply with the established provisions. This is also the case for those who have been charged with a new offense while on probation. Joseph D. Lento is a proven criminal defense attorney with a unique understanding of these matters because he was employed as a probation officer in years past. Promptly contact the office at (888) 535-3686 for a consultation.
[1] https://www.kff.org/other/state-indicator/total-population-in-u-s-adult-correctional-systems-by-correctional-status/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D
