PASSAIC COUNTY PROBATION VIOLATION ATTORNEY
VIOLATION OF PROBATION IN NEW JERSEY
PASSAIC COUNTY, BERGEN COUNTY, HUDSON COUNTY, MORRIS COUNTY, AND ESSEX COUNTY
VIOLATION OF PROBATION (VOP) – WHAT YOU NEED TO KNOW
In New Jersey, as in many other states, probation is an alternative to incarceration in criminal sentencing. Probation is a court-ordered sanction imposed upon a criminal defendant in place of jail or prison time. Individuals sentenced to probation are almost always subject to certain terms or conditions. Probation in New Jersey can last up to 5 years and during this time it is important to understand the limitations of your freedom. Probation violations may be technical or substantive. Any violation of probation (VOP) by violating agreed-upon court terms, committing more crimes, positive drug tests, and/or missed parole appointments may result in prison time. Even if you are only charged with a technical probation violation, you could face the possibility of an arrest and detention with no bond.
People facing charges of probation violations do not have the same rights as defendants charged with other crimes. For example, there is no right to a jury trial for a probation violation. The prosecutor needs to establish the probation violation by a preponderance of the evidence, which is a lower standard of proof. You should retain a criminal defense lawyer in Passaic County who is familiar with the procedures surrounding probation violations so that they can present your case persuasively.
However, for someone to be found guilty of violating their parole, there must be proof that the individual acted knowingly and that the charges against them are substantial enough to legally punish. A probation violation constitutes the willful and/or substantial violation of the law and/or a violation of one's probationary conditions.
While probation is a widespread and common legal practice it is important to always remember that in the State of New Jersey, probation is a privilege and not a basic human right. Probation allows the convicted individual to serve the remainder of their sentence while not in prison. The end goal of this is to fully rehabilitate an individual and separate them from their criminal past in a productive way.
A violation of probation can lead to a state prison sentence.
That's why you need David L. Pine, an experienced attorney by your side at a violation of probation hearing.
EXPERIENCED PROBATION LEGAL COUNSEL
Upon a guilty conviction, the parolee in question might have to serve the remainder of their prison sentence and possibly face new charges for any crimes committed while on parole. If you are in need of a defense attorney, David L. Pine, LLC is at your service. We have the aggression and experience you need to help you get your life back on track.