What Happens if I Violate Probation in New Jersey?

Getting probation instead of jail time can be a game-changer. This can let you keep a lot of your freedom, keep making money at your job, and keep in contact with your friends and family on the outside instead of spending your time incarcerated. However, it is still an unstable situation, and any violations of the terms of your probation can jeopardize your freedom.

If you violate your probation, you will usually be arrested. You might be released again, but you will have additional court dates to deal with the probation violation. At a violation of probation (VOP) hearing, the judge will determine whether you actually did commit a violation and, if you did, what your penalties should be. This could ultimately end with you going to jail and serving the rest of a set sentence, so it is important to have a lawyer on your side.

Contact the Atlantic County criminal defense lawyers at Lombardo Law Group at (609) 418-4537 for help with your case.

Arrests for Probation Violations in NJ

Usually, a probation violation is discovered in one of two ways: either your probation officer will report something that they witnessed or discovered, or you will simply be picked up for committing another crime. In either case, the immediate result is usually the same: you are taken into custody.

If you are arrested by your probation officer (PO), they usually have to point to some good reason for arresting you and accusing you of a probation violation. This will often involve something technical like failing to show up to a meeting with your PO, turning up contraband during a search, or reporting that you have had contact with someone you are barred from contacting or that you have lost a job you were required to keep. In any case, the PO will often arrest you and start VOP proceedings.

If you are arrested for another crime, the arresting officer will take you into custody after witnessing the crime, seeking an arrest warrant, or otherwise having probable cause to arrest you. You might already be familiar with this process a bit if you were already arrested and sentenced to probation once, but it will usually involve going to jail for booking and going before a judge for arraignment and a bail determination.

In some cases, you might be released on bail, but you might otherwise be held in custody until you can meet with your NJ criminal defense lawyer and go to a VOP hearing.

Violation of Probation (VOP) Hearings in NJ

During a probation violation hearing, the government will present evidence that you violated the terms of your probation, and your lawyer will be permitted to cross-examine witnesses and challenge evidence. At the end of the hearing, if the judge determines you did indeed violate, then the judge will determine the penalties.

Reasons for Violation

As mentioned above, violations can happen for a few different reasons. First and foremost, if you are on probation, it is absolutely vital to know what the terms of your probation are and how to follow them. You can look to the terms to get a list of possible ways the government might accuse you of a VOP.

Most times, violations occur because you were arrested for another crime. Just because you were arrested, however, does not mean you actually committed that crime. If they do not have sufficient evidence to prove that you committed the crime, then that VOP accusation should not stick, and you should be allowed to go back on probation. Another crime might be discovered because of a failed drug test, an admission to your PO, contraband turning up during a routine search, or because you were simply arrested by a different officer.

The other most common reasons for probation violations are technical ones. Usually, this involves doing something that violates technical requirements but is not necessarily dangerous or bad in and of itself. Failing to check in, missing a PO’s call, failing to report a change of address, failing to report a change of employment, or talking to people you are banned from associating with could all constitute probation violations that could lead to VOP proceedings.

Evidence and Witnesses at the Hearing

VOP hearings do not need proof beyond a reasonable doubt. Instead, the government needs to prove “by a preponderance of the evidence” that you committed the violation. If you are accused of committing another crime, then the government still only has to meet this lower burden to send you back to jail. Even so, on the separate charges for that crime, they still cannot convict you again without proof beyond a reasonable doubt.

Proof by a preponderance of the evidence that you committed a clerical violation is usually easy to meet. For example, your PO’s testimony that they did not get a call from you is usually enough to meet the government’s burden in a VOP hearing. Still, you can fight allegations by turning in your own evidence, such as phone records showing you did actually call your PO and they didn’t answer.

Penalties

The judge in your VOP case will determine the penalties. Recall that probation, in the first place, is a penalty for a previous crime. When probation is set, there is usually a “suspended” jail sentence assigned to you, but the courts do not activate that sentence. Instead, they let you stay out on probation, knowing that a violation could activate the suspended sentence. In the harshest cases, this original jail sentence will be activated, and a VOP will send you straight to jail to serve out the rest of that sentence.

However, most cases do not need to go this far. Especially if the violation was just a misunderstanding or a minor technical violation, it is possible the courts could leave you with a warning. Especially if your original crime was not that serious and jail time would interfere with your steps toward rehabilitation (like maintaining a job, serving your community, and avoiding future criminality), putting you in jail might actually be worse for ensuring that justice is done. In any case, our lawyers can make arguments using your criminal record, your record of compliance with probation terms, your current standing in the community, and other evidence to argue against harsh penalties and, ideally, get you back home to your family.