New Jersey Criminal Lawyers Blog
In New Jersey, probation is a court-ordered period of supervision imposed as an alternative to incarceration, allowing an individual convicted of a criminal offense to remain in the community under specific conditions rather than serving time in jail. The intention is to foster positive behavioral changes while ensuring the offender’s accountability for the conduct.
Not all crimes, however, are eligible for probation. Many criminal offenses subject offenders to mandatory periods of incarceration. Additionally, probation may be denied if the offender has prior convictions, or if they have a record of previous violations of probation.
The Rules of Probation in New Jersey
Probation carries several conditions that must be met as part of the offender’s sentence. Those conditions may include all or a combination of the following:
- Attending regularly scheduled meetings with a probation officer
- Wearing a monitoring device
- Submitting to random drug testing
- Undergoing drug and/or alcohol counseling
- Attending anger management classes
- Refraining from future criminal activity
- Avoiding further arrests
- Staying away from certain people or places
- Remaining in a specified geographic area
Common Probation Violations
Leaving the State without approval is a common probation violation. Generally, offenders are restricted from leaving the State without permission from their probation officer and requests for such travel must be submitted in advance.
Other common probation violations include:
- Failing a drug or alcohol test
- Failing to pay fines relating to their crime or falling behind on restitution payments to their victims
- Failing to report a change of address, employment status, or employer
- Failing to attend mandated counseling or anger management sessions
- Failing to complete mandated drug or alcohol recovery treatment programs
- Getting arrested for another crime
- Illegally possessing weapons, narcotics, or prescription drugs
- Missing an appointment with their probation officer
- Violating a restraining order or an order of protection
Consequences for Probation Violations
A probation officer can file a violation of probation with the court for violations of probationary terms. The probationer will then be subject to a mandatory court appearance to address the violation at a Violation of Probation hearing. A probationer faces potential re-sentencing on the offense.
During the Violation of Probation hearing, the offender will have an opportunity to offer extenuating or mitigating circumstances relevant to the probation violation. Although the probation officer can make a recommendation for sentencing, sentencing is at the discretion of the Judge.
Some sentencing options include:
- Continuing and extending probation
- Imposing new or additional conditions for probation
- Re-sentencing the offender under New Jersey’s statutory guidelines
- Terminating probation and remanding the offender to jail or State Prison
Upon re-sentencing, the court is not obligated to honor terms of the original sentence recommendation. The offender reserves the right to appeal the judge’s decision.