Approximately one of every thirty-seven Americans is under some type of correctional control. Among these individuals, 55% are on probation and another 11% are on parole. Parole involves offenders that are being released from prison and are reentering their local community. In both programs, those who violate the rules will face some consequences. Each year, almost 350,000 individuals under community supervision are sent back to jail or prison.
What is Adult Probation?
Adult probation is a program within the court that provides community supervision. It is generally viewed as a welcome alternative to incarceration. Probation departments have resources and partnerships that may help offenders make progress toward improving their lives. This may include mental health treatment, counseling, and treatment for drug and alcohol abuse.
There are a host of potential conditions or rules that may be imposed for probation. Offenders are generally required to pay a monthly probation fee of approximately $25. This is in addition to any fines imposed by the court and any restitution to victims. Those on probation typically will visit with their assigned probation officer regularly. Probation officers also may visit offenders at their homes.
The provisions may require undergoing a psychological assessment and/or submitting to drug screening. Individuals are expected to maintain employment or be working to further their education or participating in vocational training. The conditions imposed may not cause the offender to endure an unreasonable burden.
Violations of Probation
Defendants that are currently on probation may receive a summons to appear in court or have a warrant for their arrest issued. Defendants may be arrested when probable cause exists to believe that they have committed a violation of the provisions of their probation or have committed a subsequent offense. Arrests may be made in these cases without a warrant.
Defendants may be held in custody without bail as their court appearance is pending. A defendant's probation and/or a suspended sentence may be revoked for failing to comply with the conditions or if they have been convicted of another crime. A revocation of an offender's probation and/or a suspended sentence will not be imposed solely for a failure to pay fines or restitution—unless it was done deliberately.
Defendants may face resentencing for their original offense(s). Suspended sentences and/or probation may only be modified or terminated amid a court hearing. Defendants are presented with written grounds for such changes. Defendants are strongly encouraged to have legal representation at hearings and they may present evidence in their defense.
The county-level New Jersey Courts maintain adult probation records for 10 years. The same applies to those in the juvenile probation system. The Municipal Courts maintain their records for only five years.
Lawyer for Probation Violations in New Jersey
Those accused of committing a probation violation may promptly face difficult penalties. Joseph D. Lento is a criminal defense attorney and is a former probation officer that is familiar with representing clients in these matters. You are encouraged to quickly contact the office today at (888) 535-3686 for a case consultation.