I represented a client this morning charged with a probation violation at the Middlesex County Superior Court in New Brunswick, New Jersey. The basis for this probation violation was a new charge in Monmouth County, failure to report on a half-dozen occasions when required by his probation officer, failure to pay fines, and failure to provide proof of employment. I was able to carry the probation violation for several months to allow my client to comply with his probation officer while I resolve the pending charge in Monmouth County.
Probation violations are serious because the defendant often ends up in the county jail or state prison. The grounds for a probation violation include:
- Violation of alcohol consumption provisions
- Violation of drug possession or use provisions
- Failed drug or alcohol tests
- Failure to complete counseling requirement
- Violation of ISP (Intensive Supervision Program)
- Failure to pay a fine
- Failure to register on a required registry
- Contact with a victim
- Failure to report to probation officer as directed
- A new arrest or charge
- Failure to maintain or seek employment
If you are charged with a violation of probation, the case will be scheduled for a hearing before the judge in the court in which you were sentenced. The probation officer will be present and will provide you with a VOP package which includes the original charges and the grounds for the probation violation. You can be represented by an attorney at this hearing and I strongly suggest that you hire representation prior to the hearing. The probation officer and prosecutor will make a recommendation to the judge as to how the violation should be handled which can include continued probation, termination of probation, county jail time, and state prison time. The judge will then decide what the punishment will be.