Probation is a term used in law when the judge decides to release the defendant in the community with several restrictions and terms instead of giving them a jail sentence. A New Jersey Probation Attorney can help a defendant get probation, which is a lot better than getting jail time.
What is a probation violation?
When somebody is awarded a probation period, they are supposed to adhere to the set rules and instructions of the probation, and failing to uphold them can lead to a breach and can have serious repercussions.
Following are some examples that may be considered as a violation.
- Faltering to report to the probation officer when it is scheduled.
- Failing to appear in front of the court on the scheduled time and date.
- Being found in possession of illegal drugs, and consuming and selling them.
- Refusing to pay the fines levied by the court.
- Traveling out of the state without taking prior permission from the probation officer.
- Committing any other offense or crime or getting arrested.
These are some of the things that lead to a violation of the probation period, and it is best to avoid these if you don’t wish to face the repercussions that come with a violation.
What can be the repercussions of a probation violation?
There is no standard process and punishment after the probation is violated as it depends on state to state and from judge to judge.
Depending on the severity of the violation committed, the probation officer decides if the case needs a warning to be issued or the person or they need to be taken to the court for a hearing. And if the probation violation calls to be heard in front of a judge, then the judge listens to the case where the prosecuting attorney needs to prove the violation. After looking at all the angles, the judge makes the decision looking at the seriousness and nature of the violation
If the violation is proven, then the judge announces the sentence which is in the form of several things. Here are some examples of the sentences.
- The probation period can be extended.
- A new set of additional rules can be imposed.
- You can be ordered to serve short jail time.
- The probation can be completely revoked and you can be asked to spend the remaining time of the sentence in the prison.