Judges in New Jersey are given the ability to grant probation for certain crimes. By sentencing someone to follow the rules and regulations of probation, judges can benefit the community and the accused. Nevertheless, probation is not something to be taken lightly, even though it helps people avoid time behind bars. Each probation agreement includes its own parameters. If someone on probation breaks any term, the probation will be considered violated, resulting in jail time.
Types of Probation Violations
Individuals who are granted probation have unique cases, and their probation expectations can be quite different from another’s. For instance, a person on probation for operating heavy machinery on the job while intoxicated may have to undergo regular drug tests, as well as attend alcohol and drug counseling sessions as mandated by the judge.
Does Probation Violation Happen by Mistake?
Each person who receives probation has the right to fully understand the terms. If someone does not understand a rule, the individual deserves clarity. Without a good understanding of what probation is, the person could violate the probation by error.
Those who received probation might violate the terms of the probation agreement. In some situations, the offender will violate the probation knowingly. However, someone could make a mistake that violates the probation through ignorance or non-malicious negligence. However, courts are not lenient, which means anyone who receives probation should take it very seriously. If they violated probation through an error, they may want to contact a criminal defense attorney immediately to avoid strict penalties.
What Happens After Someone Violates Probation?
Probation officers file violation of probation papers when necessary. Some probation officers may issue a warning if the violation is deemed slight, although this is not guaranteed. Therefore, anyone facing probation should follow the conditions of the letter to avoid receiving a violation of probation complaint.
Violation of probation complaints initiate a court hearing. At the court hearing, the alleged violation will be examined. If the judge finds the person in violation of the terms of probation, the person could end up facing fines, have the probation extended, or receive jail time. Additionally, if the individual committed another crime as part of violating the probation, the court would open another criminal case to cover the new charges.
South Jersey Criminal Defense Lawyers at Agre & St. John Work with Clients Who Violated Probation
If you or someone you love is facing probation violation charges, seek the counsel of our South Jersey criminal defense lawyers at Agre & St. John. For an initial consultation, call us at 856-428-7797 or contact us online. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Salem County, Burlington County, Gloucester County, and Camden County.