Violation of Probation Lawyers in Camden County, NJ
Serving Clients Across South Jersey
Probation is among the sentencing alternatives available to certain eligible defendants in New Jersey. If a judge decides to sentence you to probation, you can avoid incarceration and continue to live your life under certain conditions. Some potential conditions of probation include avoiding being arrested for another offense, reporting to a probation officer, maintaining employment, and submitting to random drug testing. Depending on the circumstances of the specific case and the charges involved, the term of probation can range from one year to up to five years. The are certain scenarios in which your probation may be terminated early or even prolonged. The most important thing to know is that violating any of the conditions of your probation during the probationary period can lead to additional legal issues and penalties in New Jersey.
At our criminal defense law firm, our highly experienced criminal defense attorneys have represented countless clients charged with violations of probation in Cherry Hill, Voorhees, Gloucester, Winslow, Waterford, Stratford and Lindenwold. Our firm’s featured partner, William C. Fay has earned a coveted reputation for his unique combination of legal knowledge and unwavering dedication to his clients. If you have been charged with a violation of probation in New Jersey, you need to speak with a lawyer who can explain the legal process moving forward and discuss how best to handle this serious situation. Contact our law office for a free consultation at 609-832-3202. One of our attorneys will address your specific probation violation case and discuss your options.
Here is a Review from one of our many satisfied clients:
“Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney.” – ★★★★★ Former Client
You can check out more of our client reviews here and call 609-832-3202 for a free consultation about your probation violation case.
Violations of Probation in New Jersey
Being on probation in New Jersey comes with inevitable conditions, some of which may include: getting a job, maintaining employment, paying fines, not drinking alcohol, not using or possessing drugs, regularly reporting to a case worker, avoiding any arrests or subsequent charges, not possessing any weapons, paying child support and fulfilling other financial obligations. During the term of probation, you must comply with all of these conditions or risk a Violation of Probation (VOP) complaint.
If you are charged with a criminal offense or your probation officer believes you violated one of the conditions of your probation, the first thing they must do is file a VOP complaint. This complaint explains the alleged conduct that would justify a violation of probation sentence. After that, you will be scheduled to appear before a judge for a violation of probation hearing. You absolutely must attend your VOP hearing or a warrant may be issued for your arrest.
NJ Probation Violation Hearings
At the VOP hearing, you are entitled to have a lawyer who can effectively argue that you did not violate probation, unless you plan to plead guilty and accept whatever sentence the court imposes. If you do intend to defend yourself, you need an experienced lawyer who understands the nuances of probation violation proceedings. Pleading not guilty means you will proceed to a violation of probation trial, where it is absolutely essential to have an attorney defending you. Like any other criminal case in Superior Court, the County Prosecutor will be responsible for proving your alleged conduct. Both sides can offer testimony from witnesses and conduct cross-examination of opposing counsel’s witnesses.
However, there are certain significant differences between typical criminal cases and Violation of Probation hearings in New Jersey. Whereas a criminal case in Superior Court is decided by a jury of your peers, a VOP case is decided by one Superior Court Judge. Additionally, the standard of proof in a VOP hearing is less than that of a criminal trial. In NJ, criminal charges require proof beyond a reasonable doubt. This means that there is a very significant chance that you committed the crime. On the other hand, violations of probation only require “preponderance of the evidence,” which means that there is more than a fifty percent chance that you violating the terms of your probation. Obviously, a VOP offense is much easier to prove than a criminal offense, which is why it is so important to have an aggressive defense lawyer on your side.
Penalties for Violating Probation in New Jersey
In New Jersey, being found guilty of violating probation can lead to a host of serious consequences. If the judge finds that you violated probation, he or she can choose to place additional conditions on your current probation, prolong the term of probation, or terminate your probation and re-sentence you for the original crime. In the case of re-sentencing, the judge can require you to serve as much as time in the county jail or state prison as you were exposed to in connection with the original charges. For example, if you were sentenced to probation for a third degree crime, a violation of probation could lead to a five-year prison sentence if you are found guilty of the VOP offense.
Contact a Cherry Hill NJ Violation of Probation Attorney for Help with Your Case
If you’ve been charged a violation of probation or arrested for a criminal offense while on probation, it is critical to enlist a defense attorney who can zealously protect your rights and your innocence. To speak with one of our New Jersey probation violation lawyers about your specific VOP charge, contact our firm today at 609-832-3202 or send us a message to arrange your free consultation.