Probation is a common part of criminal sentencing, and courts may impose a laundry list of terms and conditions that defendants must follow. If a probation violation occurs, the defendants may be taken back to court to face consequences.
A probation violation may result in a formal court summons, and you must obey it. Alternatively, a person could be arrested for a probation violation, especially if the violation involves a criminal offense. At that point, you may go through several court hearings. The first is to determine if a violation occurs, and the second is to determine appropriate consequences. Although a probation violation does not have to constitute a crime, you should still have a lawyer to defend you.
Get a free, private legal review of your situation by calling our New Jersey criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
What Happens if Someone Violates Their Probation Terms in New Jersey?
Probation violations do not always involve criminal conduct, but the consequences may still be quite serious. If you are arrested for allegedly violating your probation, you should contact a lawyer for help immediately.
Summons or Arrest
If a person on probation is believed to have violated their probation, the first person to know is usually their probation officer. The probation officer may then report the violation, and the court may issue a summons.
If you receive a summons, you are legally required to show up in court. Do not ignore a summons. However, not all probationers receive a summons but are instead placed under arrest. This is more likely if the alleged probation violation constitutes a new crime.
Court Hearings
A probation violation will likely lead to a court hearing. Typically, there are two hearings. The first is the violation of probation (VOP) hearing, in which the court determines whether a violation occurred. If the court determines that a violation occurred, a second hearing will be scheduled. At the second hearing, the court decides what consequences to impose.
Effect on Probation Terms
If the court determines that there is evidence of a probation violation, your probation terms may be adjusted. The court could add more restrictive terms, extend the probation term, or even revoke probation and send the defendant to jail.
What Does a Probation Violation Look Like?
A probation violation may be almost anything, depending on the terms of probation. While some violations involve a new crime, many others do not.
New Offense or Direction Violation
When a person is sentenced to probation, a key term of their probation is that they must refrain from any criminal activity. A new crime may not only face prosecution in court, but it could also affect the defendant’s probation terms.
A criminal offense is considered a direct violation and will likely result in arrest rather than a summons.
Technical Violation
A probation violation is not necessarily a crime in every instance. May probation terms and restrictions do not pertain to criminal behavior. For example, many people on probation are required to avoid contact with victims. Contacting a victim is not a crime, but it is a violation of probation.
When a violation is not a crime, it is considered a technical violation. These kinds of violations are more likely to result in a court summons than an arrest.
Is There a Court Hearing for Probation Violations in New Jersey?
When a probationer is accused of violating the terms of their probation, hearings must be scheduled to determine if there is enough evidence.
VOP Hearing
The first hearing is the VOP hearing. At this hearing, the court must determine if a violation of probation even occurred. A prosecutor may present evidence of the violation, including testimony from the defendant’s probation officer.
If the judge finds insufficient evidence, the alleged violation may be dismissed. However, if the judge finds sufficient evidence of a violation, a second hearing may be scheduled.
Sentencing Hearing
The second hearing of a probation violation is where the judge decides what consequences to impose. Probation is not always static and may be adjusted or altered if a violation occurs. The judge could add more restrictive terms, extend the probation term, revoke probation, or impose a host of other consequences.
Burden of Proof
Courts impose a lower burden of proof in VOP hearings than in standard criminal trials. Prosecutors do not have to prove “beyond a reasonable doubt” that the defendant violated their probation. Instead, they must prove “by a preponderance of the evidence” that the defendant violated their probation.
This is a much lower burden of proof than proof beyond a reasonable doubt. Prosecutors only need to show that it is more likely than not that the probation violation occurred. On top of that, the rules of evidence are more flexible, and prosecutors may introduce evidence that would ordinarily be inadmissible in a criminal trial, like hearsay evidence.
How Can I Defend Myself if I am Arrested for a Probation Violation?
Even if your alleged probation violation does not constitute a new crime, you still need a lawyer to help defend you in court.
Your Actions Do Not Constitute a Violation
One possible argument is that your actions do not constitute a violation of your probation terms. Our Atlantic City criminal defense lawyers will thoroughly review all your probation terms, conditions, and requirements. It is possible that your actions come close to a violation but do not constitute an actual violation.
For example, your probation terms may require that you not contact the victim. However, if the victim contacts you, you have technically not done anything wrong.
Your Probation Terms Were Unclear
It is also possible that the terms of your probation were not as clear as they could have been. Continuing with the example above, your probation terms might require that you have no contact with the victim, but they might not specify what kinds of contact are prohibited.
Is it a violation for you to contact the victim in person, over the phone, or via social media? What if the victim contacts you for some reason? What if you show up at the same place as the victim by coincidence, is this still a violation? If the terms are unclear, we can argue that you should not be held responsible for the supposed violation.
The Violation Was Unintentional
The judge may show leniency if the violation was unintentional. We may need to present evidence that you went to your probation officer to explain the violation and cooperated with them at every step of the legal process. If this is your first violation and you have a minimal criminal record, the judge may decide to issue a stern warning rather than serious penalties.
Ask Our New Jersey Probation Violation Lawyers for Help Now
Get a free, private legal review of your situation by calling our Ocean City, NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
