There are more than 2 million people incarcerated in the U.S. each year. In total, there are more than 6 million Americans under some form of correctional control annually. This includes those subjected to programs of community supervision such as probation and parole. The Monmouth County Probation Department is divided into both adult and juvenile agencies.
Probation is considered as a program of enforcement associated with the judicial system that supervises offenders. Parole is geared for offenders that are re-entering the community following a prison sentence. Both programs have guidelines or conditions put in place that must be adhered to.
Common Probationary Provisions
A set schedule is typically established when the offender will visit their probation officer. The offender also may be visited at home by the probation officer. Abstinence from drugs and alcohol is usually a point of emphasis and offenders are likely required to submit to drug testing.
A drug and alcohol assessment and/or a related treatment program may also be required. Payment of a monthly probation fee of approximately $25 is typically required. This is an expense that applies in addition to any court fines or restitution that is ordered. Individuals are expected maintain employment or otherwise participate in educational programs or vocational training. Often the individual is required to complete a set number of community service hours.
Potential Probation Violations
Those who fail to remain compliant with the rules or conditions of probation may face adverse consequences. If an offender is arrested for a subsequent criminal offense, they can expect to have their probation revoked and possibly face a jail sentence. A probation officer or officer of law enforcement may arrest these offenders if they believe that a violation occurred.
An arrest may be made without a warrant and the individual may be placed in jail without bail as they await their day in court. In some cases, offenders suspected of violating the terms of probation will receive a summons to appear before a judge or a warrant for their arrest may be issued.
A hearing involving a potential probation violation differs from most criminal proceedings in several ways. The burden of proof necessary to prove the allegations is a lower “by a preponderance of the evidence” standard instead of “by a reasonable doubt.” These actions are exclusively ruled on by a judge, as a jury trial is not an option. In some cases, the court may revoke the probation and resume sentencing the offender for the original charges.
Importance of Prompt Attorney Consultation
Those who have been summoned to a court hearing that stems from allegations of violating the terms of their probation are encouraged to seek legal counsel. These hearings often result in a jail sentence and an experienced defense lawyer can help you tremendously.
New Jersey Attorney for Probation Violations
Are you being accused of violating a condition(s) of your probation? Strict penalties may be imposed in these circumstances. Attorney Joseph D. Lento has spent many years providing effective legal representation for many clients in these matters. For a case evaluation, contact the office at (888) 535-3686 today.