Receiving a probation charge can be considered one of the better penalties that can be imposed on you, as it allows you to still live in the community rather than go to jail. However, getting caught with a probation violation can leave you worse off. Read along to understand what happens if you receive a probation violation offense and how one of the experienced Middlesex County criminal defense attorneys at the Law Offices of Michael A. Policastro can help you avoid a potential prison sentence.
What are conditions that commonly lead to a probation violation?
A probation violation occurs when you break one of the conditions the court set for your probation. Some common conditions read as follows:
- Staying within the state.
- Wearing a monitoring device.
- Court-ordered employment.
- Court-ordered community service.
- Abstaining from illegal drugs, alcohol, and controlled substances.
- Completing drug and alcohol treatment.
- Complying with mandatory drug testing.
- Attending anger management counseling.
- Reporting to and attending meetings with a probation officer regularly.
- Refraining from committing or getting arrested for any additional crimes.
- Refraining from associating with certain individuals.
- Abiding by a curfew.
- Paying all court costs.
- Paying court-ordered restitution to the victim.
- Surrendering all firearms in possession.
What happens if I receive a probation violation offense?
If your probation officer believes that you have violated one of your conditions, they may file a probation complaint with the court that sentenced you. The court’s response will then be to send you a summons or issue a warrant for your arrest. It is important to note that your probation officer only needs a “reasonable cause” to believe you violated a condition and can arrest you without a warrant.
When being charged with a violation of probation, the judge has several options for how to penalize you, which may vary depending on the circumstance in which you violate your probationary conditions. The judge may choose from the following penalties:
- Receive a warning.
- Terminate your probation.
- Continue your probation.
- Extend the period of your probation.
- Impose new or additional probation conditions.
- Resentence you completely under New Jersey’s statutory guidelines, which can mean possible jail time.
If you believe that you may be facing any of the above penalties, it is in your best interest to retain the services of one of the skilled Middlesex County criminal defense attorneys today. Our firm will fight for the minimization or elimination of these charges altogether.
Contact our experienced New Jersey firm
When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.