Violation of Probation Lawyer in New Jersey

Has your probation officer filed violation charges with the court? If so, you’re probably worried about the consequences it could have on your freedom and future. Don’t leave the outcome of your probation revocation hearing to chance. Contact William Proetta Criminal Law today for a free case review to learn how we can fight for your rights, reputation, and interests.

Reasons to Choose Our NJ Probation Violation Attorney

If you’ve been accused of violating the terms of your probation, your choice of attorney could mean the difference between protecting your reputation and freedom and facing additional criminal penalties, including jail or prison time.

For years, individuals facing probation violation charges in New Jersey have turned to William Proetta Criminal Law for help because:

• Our firm has a proven track record of success in thousands of criminal cases across New Jersey.
• We have extensive experience defending clients against probation violations and underlying criminal charges.
• Our firm has solid working relationships with prosecutors, courts, and probation offices in Union, Hudson, Ocean, and Middlesex counties, which enable us to pursue positive results for our clients.
• We offer personalized attention, so you won’t have to worry about getting passed off to junior associates or paralegal staff. We can speak with you whenever you need us, including evenings or weekends.

What Constitutes a Violation of Probation in NJ?

When a court orders a convicted defendant to serve probation, the defendant must observe strict rules and requirements during the probation term. A defendant who fails to follow the conditions of their probation may face charges of violation of probation.

Some of the most common conditions of probation in New Jersey include:

• Regular meetings or check-ins with a probation officer
• The requirement to maintain housing
• The requirement to maintain stable employment
• Submitting to random alcohol or drug testing
• The requirement to refrain from alcohol or drug use or possession
• The requirement to complete substance abuse or anger management counseling
• The requirement to submit to mental health treatment
• Community service obligations
• The requirement to wear an electronic monitoring device
• The requirement to install an ignition interlock device on your vehicle
• Restrictions on traveling outside of New Jersey or the United States
• Paying ordered fines, court fees, and restitution
• The requirement to refrain from associating with specific persons
• The requirement to avoid contacting or approaching specific persons or places
• The requirement to surrender firearms and refrain from owning or possessing weapons

The conditions of probation also prohibit offenders from committing new criminal offenses. A probationer who gets arrested or convicted of a crime while on probation may also face charges of violating the terms of their probation.

Potential Consequences of Violating Probation in NJ

When a person violates the terms of their probation, they may face various consequences that can depend on the nature and severity of the violation. First, a probationer who commits a first-time, minor technical violation may receive a warning from the probation officer to avoid future violations or face the consequence of the probation officer reporting those violations to the court.

When a probation officer reports a probationer’s violation to the court, the court will hold a violation hearing for the state to prove that the probationer committed the alleged violation. If the court finds that the evidence proves the violation, it may impose various sanctions.

A court may warn a probationer who violates their probation against future violations, giving them another chance to improve their behavior. Alternatively, a court may impose new or amended conditions of probation to provide more stringent restrictions or supervision on a probationer or extend the probation term. Finally, a court may revoke probation and impose a criminal sentence for the original offense that led to probation.

Legal Process After a Probation Violation

A probation violation case begins when a probation officer reports a suspected violation to the court. Upon receiving the probation officer’s report, the court will notify the probationer of the alleged violation and schedule a probation violation or revocation hearing.

At the revocation hearing, the state must prove that a probationer violated a condition of their probation. However, unlike a regular criminal trial, a revocation hearing does not involve a jury. Instead, the judge decides whether the evidence proves the probationer violated the terms of probation. Revocation hearings also involve more relaxed procedures and a lesser burden of proof than a criminal trial.

If the court finds that a probationer violated the terms of their probation, it will consider various factors in determining what sanction to impose, including:

• The nature and severity of the probationer’s original criminal offense
• The circumstances of the underlying criminal prosecution
• The nature and severity of the alleged probation violation
• The probationer’s criminal history and history of probation violations
• The probationer’s acceptance of responsibility or remorse
• Whether more strict conditions will ensure a probationer’s compliance with the terms of probation
• The need to protect the public from future criminal behavior

Potential Strategies for Dealing with Probation Violations

A probationer facing a revocation hearing in New Jersey may have different legal strategies available for dealing with the violation allegations. For example, a probationer may contest the sufficiency of the evidence of the alleged probation violation.

Unfortunately, some defense strategies available in criminal trials, such as challenging evidence as unlawfully obtained, may not apply in probation revocation hearings since probationers have reduced rights and must submit to things like random searches or alcohol and drug testing, for example.

Alternatively, a legal strategy at a probation violation hearing may focus on advocating for less harsh sanctions for the violation. Probationers may emphasize the minor or technical nature of a violation to argue for lesser sanctions like a warning or revised conditions of probation.

How Our NJ Violation of Probation Lawyer Can Help

When you turn to legal counsel at William Proetta Criminal Law for help with your New Jersey probation revocation hearing, our firm will:

• Investigate the alleged violations to recover evidence that may help your defense
• Identify effective case strategies to help you pursue a favorable result at the probation violation hearing
• Explain the nature of the alleged violations and the potential outcomes to help you make informed decisions during your case
• Vigorously advocate for you at the probation violation hearing to challenge the prosecution’s case or argue for less severe sanctions if the court finds that a violation occurred

Don’t put off getting the legal assistance you need to face these accusations effectively. Contact William Proetta Criminal Law today for a free, confidential consultation with an experienced attorney representing individuals facing a probation violation in New Jersey.