After getting in trouble with the law, you may end up getting probation instead of a jail sentence. But just because probation keeps you out of jail doesn’t mean it’s all smooth sailing from there. The terms of probation are often difficult to follow could leave you in even more trouble than before. So what happens if you violate probation in NJ? And what can you do if you’re facing a Probation Revocation Hearing?
When Can You Faces Charges of Probation Violation?
Unfortunately, most probation violations are unintentional. In fact, many people don’t even realize they violated probation until they’re given a summons. Here are some of the most common examples:
- Failing to inform your probation officer about your new phone number or change of address
- Failing to inform your probation officer about a change in employment
- Not attending any meetings with your probation officer
- Failing to pay any fines or getting behind on your victim restitution payments
- Leaving your state without proper approval
- Not passing any alcohol or drug tests
- Not complying with your drug or alcohol treatments
- Getting arrested again for any crime (even minor offenses)
- Possessing illegal prescriptions or narcotics
- Possessing a weapon illegally
How to Prepare for a Probation Revocation Hearing
A Probation Revocation Hearing is a formal proceeding that happens after you’re arrested and charged with probation violation. You will be brought before the court where a judge will examine your original case against the new charges of probation violation. Though it is a formal proceeding, you should be aware the following:
- The judge will decide everything without a jury.
- Burden of proof is much lower than criminal trials.
- Because the rules of evidence and procedure are more relaxed, many things can be introduced and discussed during the hearing.
An expert criminal defense attorney will greatly improve your chances of a successful outcome. Your attorney will help you gain an equal footing with the government.
What Are the Consequences of Probation Violation in New Jersey?
Probation is great in that it allows people to move on with their life and stay out of jail. However, violating your probation can land you in even hotter water than before. Because the consequences can be served, it is vital that you understand what happens if you violate probation. Typically, after a judge rules that you violated your probation, then they will move on to sentencing. As stated before, you’re not given another jury trial because you’ve already bee convicted of the underlying crime.
If you violate probation, a judge may sentence you with the following:
- Sentencing you to prison for the original crime based on sentencing guidelines
- Extending the terms and length of your probation, or adding even more restrictions
How We Can Help You With Probation Violation
Violating probation often carries severe consequences because it creates a kind of “double infraction.” This means that you face both the original charges and the new charges of probation violation. Our East Windsor, New Jersey Criminal defense attorney at Samuel Louis Sachs Esq LLC can help you even the playing field in the following ways:
Acting as Intermediary
Everything you say to police or prosecutors can be used as an admission of guilt. This is especially true if you’re speaking with them in hypotheticals. Every single word out of your mouth can and will be used against you. This is why you need a criminal defense attorney that you can talk to confidentially. We will help you frame discussions to avoid giving away any negative prosecution material against your case.
The prosecutor’s office will not gather any evidence that proves your innocence. In fact, after they obtain enough evidence against you, they will stop their investigations altogether. We will launch our own investigation to gather any and all evidence that proves your innocence.
Contact an Experienced Criminal Defense Attorney Today
Because of the severe consequences involved, it’s important to be aware of what happens in you violate probation in NJ. You need a criminal defense attorney on your side. At Samuel Louis Sachs Esq LLC we can help you avoid jeopardizing your future. Contact us today to learn more.