Charged With Violating Probation in Union County NJ
One of the options available to a Judge at the time of sentencing is to place you a period of court supervision called probation. During the term of this program, an individual is required to comply with certain conditions or risk issuance of a violation of probation. The standard conditions of probation include reporting to a probation officer as directed, remaining drug free (i.e. submitting clean urine and drug tests), not violating the law (e.g. no new arrests), paying fines and restitution, and undergoing any drug treatment or counseling that is ordered. Failure to comply with these requirements exposes the defendant to a probation violation and termination of participation in this non-custodial punishment. If you were charged with violating probation because you failed to report, submitted a dirty urine or for some other reason, you face the real possibility of being sent to jail/prison. An attorney that is skilled in defending violations of probation is undoubtedly your best weapon in avoiding such an outcome.
The Law Offices of Jonathan F. Marshall is highly experienced in defending probation violations like yours. Whether you are on probation for distribution of CDS, possession of drugs, aggravated assault or another offense, our attorneys are equipped to help you escape more severe penalties, including jail/prison. We rely on over a century in practice, including years serving as prosecutors, to make the most effective arguments in Elizabeth, Cranford, Union, Hillside and Linden, so you are not placed in jeopardy. An attorney on our team is available any time of day or night to assist you in a free consultation. Call 908-272-1700 to speak to one of our lawyers now.
Can You Be Put In Jail Until The Violation Hearing Is Concluded?
Yes. If probable cause is established for the probation violation, a warrant for the arrest of the probationer may be issued by the court. Once the warrant is served and the defendant is taken into custody, he/she is entitled to be heard by a Superior Court Judge. The court may order that the accused remain in custody or released pending the outcome of the violation of probation.
Are You Entitled To Contest The Violation And Present Your Own Evidence?
Yes. You are entitled to representation by an attorney, to challenge the evidence presented, cross-examine witnesses, and present your own evidence and witnesses.
Do The Normal Rules Of Evidence Apply At A Violation Of Probation Hearing?
No. The normal rules of evidence are relaxed in a hearing to decide whether or not probation was violated. Hearsay is generally admissible.
What Standard Of Proof Must Be Satisfied By The State To Prove You Guilty?
The standard of proof is not beyond reasonable doubt at a violation hearing. Instead, the violation must be established by a preponderance of the evidence, meaning that it is more likely than not that a condition(s) was violated.
Can I Contest The Original Conviction At The Hearing?
No. The violation hearing is strictly to determine whether or not you failed to comply with a condition of probation.
What Happens If Probation Is Revoked?
If the judge decides that a violation was committed and that probation should be revoked, then the defendant must be resentenced. At the time of resentencing, the court may continue probation, terminate probation and incarceration the defendant, or discharge the defendant from probation without any further conditions.
Elizabeth NJ Probation Violation Defense Attorneys
Our attorneys have honed their skills over years of defense work and know how to avoid jail when it comes to a violation. Perhaps the condition was not violated or, even if it was, shouldn’t be enough to result in jail. There is also the possibility for alternative sentences to jail, for example, drug rehabilitation, community service, etc. Call us at 908-272-1700 for in depth review of the facts surrounding your violation. The initial consultation is free of charge, so do not hesitate in contacting us.
