Probation in New Jersey | Criminal Defense Lawyer Ewing, NJ
Types of Probation in New Jersey
Diversionary programs can result in a defendant being sentenced to probation instead of jail time. Supervised probation is most commonly imposed in Superior Court, and would require you to meet with a probation officer and report to that officer your progress in completing and/or complying with the conditions of probation that were imposed by the court at your sentencing, such as attendance at anger management or community service.
Unsupervised probation is imposed almost exclusively in Municipal Court. Instead of reporting to a probation officer, you would simply be required to abide by all conditions imposed by the court, and report to the court any progress you have made on the completion of those conditions, if applicable. Often, unsupervised probation merely requires you to refrain from being arrested for/convicted of any new offenses during your term of probation.
Types of Offenses That Are Eligible for Probation in Hamilton, NJ
For first-time offenders, there is a “presumption of non-incarceration” on 3rd and 4th degree indictable offenses. That means that if you have been convicted of a 3rd or 4th degree indictable offense, and have never been convicted of an indictable offense before, you will almost certainly be sentenced to probation rather than a term of incarceration, unless there are aggravating factors which would make a sentence of non-custodial probation inappropriate.
You could also be sentenced to probation for any quasi-criminal, non-traffic offense in Municipal Court, such as disorderly persons offenses, petty disorderly persons offenses, or municipal ordinance violations.
Conditions of Probation in Trenton, New Jersey
All defendants sentenced to probation must follow a strict set of conditions. What follows is a list some of the conditions that may be imposed by the court, as prescribed by N.J.S.A. 2C:45-1(b):
- Support all dependents and meet all family responsibilities;
- Find and continue gainful employment;
- Undergo available medical or psychiatric treatment and enter and remain in a specified institution, when required for that purpose;
- Pursue a prescribed secular course of study or vocational training;
- Attend or reside in a residential facility established for the instruction, recreation or residence of persons on probation;
- Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
- Refrain from possessing any firearm or dangerous weapon unless granted written permission;
- Remain within the jurisdiction of the court and notify the court and/or probation officer of any change of address or employment;
- Report as directed to the court or probation officer, permit the probation officer to visit the home, and answer all reasonable inquiries of the probation officer;
- Pay a fine;
- Satisfy any other conditions reasonably related to the rehabilitation of the defendant;
- Require the performance of community service.
Term of Probation in New Jersey
Under N.J.S.A. 2C:45-2, the court may sentence you to probation for no less than 1 but no greater than 5 years for an indictable offense.
Violations of Probation in Robbinsville, NJ
At any time during your term of probation, the judge has the right to call you before the court, and issue a warrant for your arrest if you do not appear. Your probation officer has the right to arrest you without a warrant if there is probable cause to believe that you have not complied with a term of your probation or that you have committed another offense. If the court has probable cause to believe that you have committed another offense, it can commit (i.e., incarcerate) you without bail until that charge has been resolved.
On any violation of probation, you have the right to have a hearing, but if after the hearing the court is satisfied that you did indeed violate the terms and conditions of your probation, the court can terminate your probation, extend your probation, or resentence you to the term of imprisonment that might have been imposed at the time you were convicted had you not been sentenced to probation. The court could also add, delete or modify the terms of your probation. You have the right to be represented by an attorney at your violation of probation hearing, and you have the right to present evidence and witnesses in your defense.
Free Consultation with an East Windsor Criminal Defense Attorney to Discuss Probation in Your Criminal Case
Facing criminal charges in Hamilton, Trenton, Robbinsville, Hopewell, or somewhere else in Mercer County, NJ? Want to know if you can get probation and avoid jail time? Talk to an experienced Ewing criminal defense lawyer at the Law Offices of Lauren E. Scardella. You can call (609) 587-1144 or fill out this online form. The law firm office is located at 2653 Nottingham Way STE 1, Hamilton Township, NJ 08619.