When is a Violation of Probation filed?

When a person is alleged to have violated the terms of his probation, his probation officer will file a Violation of Probation (“VOP”).  The probation officer will document any alleged violations of probation in a “Statement of Charges” and a “VOP Summary.”  These documents will detail the specific violation(s). 

 

What are some common reasons for a VOP to be filed against me?

Some common probation violations include:

• Failing or refusing to submit to a drug or alcohol test.

• Failure to report to probation as directed.  

• Failure to attend or complete court-ordered substance abuse treatment.

• Failure to attend or complete court-ordered mental health treatment.

• Getting arrested for new offenses.

• Violating a “no contact” provision.

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What happens after a Violation of Probation is filed?

After a VOP is filed by probation, a VOP hearing will then be scheduled before the sentencing judge.  A defendant has a right to have a VOP hearing where the State will have to prove to the court any alleged violations of probation.  During that hearing, the defense has the opportunity to offer evidence in his defense and be represented by counsel.  See N.J.S.A. 2C:45-4.  On the other hand, the defendant can agree to waive a formal VOP hearing, acknowledge that he violated the conditions of probation, and be resentenced by the Court.  Typically, if a defendant is going to plead guilty to the VOP, all parties will have agreed in advance as to what new sentence the defendant should get.

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What types of things am I facing at a resentencing hearing after a VOP is found?

Resentencing after a VOP is found can include any of the following:

• Continue probation without extending the term to include additional time on probation;

• Adjourn the VOP for 30-90 days to give the defendant time to come back into compliance with the terms of probation;

• Extend the total term of probation by a period of 6 months or more to give the defendant time to come into compliance with probation’s terms; 

• Terminate probation and sentence the defendant to a period of incarceration; 

• Terminate the individual from probation as "unimproved" and send any remaining fines to collections. 

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Obviously in most cases it is best to argue to give the defendant time to come back into compliance with the terms of probation.  The ability to work out a deal for the client will depend on the defendant’s criminal history, the details of the VOP, any prior VOP’s, and the severity of the offense(s) for which the defendant is on probation.  If a defendant is given more time to come into compliance with the terms of probation and the defendant is successful in doing so, then a judge may simply just order that the defendant be continued on probation with no additional penalties being imposed.​  See N.J.S.A. 2C:45-2.

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What type of sentence am I facing if I am terminated from probation for non-compliance?

If the Court is satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition his probation then the Court may revoke probation and sentence or resentence the defendant.  Note that probation cannot be revoked for failure to pay fines or make restitution (unless the failure was willful).  When the Court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the offense of which he was convicted.  See N.J.S.A. 2C:45-3.  For example, if an individual is on probation for a 3rd degree offense and gets kicked out of probation, the Court may resentence the defendant to serve a term in custody up to 5 years (the permissible maximum for a 3rd degree offense).

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Contact a New Jersey Probation

Lawyer for a Free Consultation

 

The consequences of a Violation of Probation can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Violations of Probation are also complex and highly specialized.  If you or a loved one is facing a Violation of Probation, it is crucial to hire an experienced criminal defense attorney to help you understand your options, advocate on your behalf, and build the best possible defense to the VOP.. 

 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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