There are currently an estimated 4.5 million American adults that are in a community supervision or community corrections program. The two primary types include probation and parole. Parole involves offenders that are being “conditionally” released from prison and re-entering the community. Each year, an estimated 350,000 offenders have their supervision revoked and are incarcerated in a jail or prison facility.
New Jersey Correctional Data for 2017
- Approximately 136,137 individuals were on supervised probation
- Roughly 15,180 individuals were transitioned from prison to their local communities under parole
- The prison incarceration rate was 217 people for every 100,000 residents
- The jail incarceration rate was 220 people for every 100,000 residents
Conditions Imposed in Adult Probation
The rules or conditions that may be imposed on those placed on probation may vary. New Jersey requires that a $25 monthly probation fee be paid. This fee is independent of any potential fines or restitution that the court may have ordered. Defendants will be required to regularly visit those that are assigned to supervise their probation. The supervisor may also visit them at their home.
The requirements may include that the defendant submits to drug screening. They may be ordered to undergo an assessment and treatment for alcohol and drug abuse. In some cases, the defendant may be required to live in a facility that is designated for those under community supervision. The individuals are expected to maintain employment or attend vocational training programs.
Offenders may be prohibited from owning or otherwise possessing a firearm or other weapon. They may be prohibited from “frequenting unlawful or disreputable places” or associating with individuals involved with such activities.
Violations of the Conditions of Probation
If a probation or peace officer has sufficient reason to believe that a probation violation has occurred, the individual may be arrested. There may be a summons issued requiring a court appearance or a warrant issued for their arrest. In most cases, failing to satisfy financial obligations such as fines or restitution will not alone result in such actions.
After being arrested, the offender may be held in jail custody without bail as a court hearing is pending. Defendants that are ordered to appear for a probation violation hearing are entitled to defend against the allegations and to be represented by an attorney. Unlike standard criminal proceedings, a probation violation may be proven by the “preponderance of the evidence” rather than the higher “beyond a reasonable doubt” standard.
When the violation is significant or the defendant has subsequently committed a criminal offense, the probation may be revoked. The court may order the defendant to then be resentenced for the original criminal charges. If the conditions of probation are modified or the supervision is revoked, the defendant will receive a written statement that contains a summary that justifies the decision.
Attorney in New Jersey for Probation Violations
Violating the conditions imposed by your probation officer may have harsh consequences, particularly when facing new criminal charges. Joseph D. Lento is a criminal defense attorney that has represented many clients faced with violating their probation. For a case consultation, contact the office today at (888) 535-3686.