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Violation Of Probation | Arguing Against Jail

NJ Assault Lawyer

After you have been indicted (charged with an indictment -also known as a felony), you may enter a guilty plea to a lesser crime. Instead of taking your chances with a trial, you admit your guilt and move on to the sentencing phase of the process.​

In NJ, Who Gets Probation And Who Goes To Prison?

The answer to this question depends on many factors.

For example, first-time offenders who committed a Third-degree crime and are denied Pre-Trial Intervention (PTI) are usually good candidates for probation. In these situations, the defendant’s alleged criminal conduct was much worse than a misdemeanor but not so terrible that he or she should be sent to prison for years.

On the other hand, a defendant charged with a dozen third-degree felonies and who has an extensive criminal record will neither be granted nor benefit from probation. In addition, NJ is lacking the necessary funding to properly run the state probation program. Therefore, sentencing courts will carefully select which defendants they choose to release into society.

When a NJ sentencing court elects NOT to incarcerate a defendant, that court will almost always impose probation. New Jersey probation allows for the state to monitor a defendant for a period of one to five years. Of course, different defendants have different conditions imposed depending on their criminal records, the type of crime they plead guilty to, and the degree or severity of the crime for which they plead guilty.

NJ Assault Lawyer

When a defendant is placed on probation in NJ, the following conditions are usually imposed:

Each defendant is assigned a probation officer.

Inevitably, when defendants find it difficult to satisfy all of the conditions of their probation, they are alleged to be in “VIOLATION of PROBATION” (VOP).

When defendants face a VOP, they usually face serious imprisonment. 

As Hackensack criminal lawyers, we represent you during your VOP hearing, we really fight to get you a second chance. Many of our clients agreed to too many conditions of probation and were never really given a chance to succeed. During your VOP hearing, we will do everything we can to help you get a second chance. Oftentimes we can ask the court to eliminate those conditions of probation which create the most challenges in your life.

How To Know If You Violated Probation In NJ

Once your probation officer believes that you “the defendant” have committed a Violation of probation,  he or she will file a complaint with the court.

The complaint is like any other charging document. It lists and describes how the defendant allegedly violated the terms and/or conditions of their probation. A hearing date is set and notice is issued to all parties. If a defendant fails to appear, the judge will issue an arrest warrant.

What Happens At The Violation Of Probation Trial?

It is important to understand that at the VOP trial, the probation officer is not the person trying to prove that the defendant violated probation. The county prosecutor tries the case for the state and the probation officer serves as a witness.

The defendant is entitled to have his or her attorney present. The defendant’s attorney can cross-exam all state witnesses, present defense witnesses and introduce evidence favorable to the defendant facing VOP charges.

These are “bench” trials meaning that there is no jury. Only the judge decides whether the defendant violated probation.

What Happens If You Are Found Guilty Of A Violating Probation?

Before the judge renders his or her decision, all parties are permitted one last opportunity to make their case.

As defense attorneys, we explain all of the reasons why it is in the interests of justice that our client is given another opportunity. We thoroughly prepare and do everything in our power to persuade the court NOT to sentence our client to prison.

Upon hearing all of the evidence and all of the arguments presented, the judge will determine which course of action is best for everyone. If some of the original conditions were overly burdensome, the judge may continue probation while removing the difficult conditions. If for example, the payment plan was too high, the defendant may receive a lowered, modified payment plan for their fines, costs, and restitution.

The worst-case scenario is when a judge decides to remove the benefit of probation and sentences the defendant to prison.

It is for these reasons that a defendant who is charged with a Violation of Probation must retain legal counsel. If the judge decides to sentence the defendant to prison, all of the benefits of the original plea bargain are lost. A defendant may be sentenced to the maximum term of incarceration as permitted by the offense to which he or she pleads guilty. 

Can You Appeal A VOP Decision In NJ?

A defendant has forty-five days to file the Notice of Appeal.
A WORD OF CAUTION:
If you intend to appeal the decision or the sentence, we strongly recommend that you give us a call.

This is an overwhelming and complicated process and you should hire an experienced criminal defense law firm.

Violations of Probation must be taken seriously. All of the work, time and money that you invested to get the original probation plea bargain could easily be wasted.

If you are facing a violation of probation, you may find yourself waking up in prison with no clear idea as to how you got there.

Let us help you. We offer free consultations.

Please visit the Areas We Serve & Practice Areas pages for more information.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
4.9
Based on 276 reviews
Alysa Melero
Alysa Melero
1718415245
Makes a great confidant argument,and is such a comfort to have on our side!
Haitian Bokor Leonard Elmera
Haitian Bokor Leonard Elmera
1718408623
This guy deserves 10 stars he works and is assertive. He is a heavy weight champ in the court room BEST LAWYER EVER he worked on my girlfriend’s case and got a her a victory. He is very meticulous and orderly in his defense. This guy is outstanding. 🥊 BEST LAWYER EVER !
MetalBabe87 Metal High Priestess
MetalBabe87 Metal High Priestess
1718401673
I hired Al, for a Domestic Violence Situation. In the court system. He was beyond helpful. Very open and receptive. Communication was absolute key with him. He kept me in the know every email every text message. Communication was on point!He was and is very passionate. Leads with integrity boldness and truth. I have never seen so much tenacity in person. He was beyond helpful - explaining situations in the court system that I should expect.I highly recommend him. I will recommend him to any of my clients as well. He is absolutely excellent and straightforward. Definitely pushes the envelope and applies the pressure as a true lawyer should.Once again, I will absolutely recommend him for any cases in the future. An absolutely recommend him to friends and family. I hope to work with him again under better circumstances.Thank you so much - for your patience, guidance and help. You have been absolutely wonderful to work with.
Yvette Bariffe
Yvette Bariffe
1718395085
Navigating the criminal justice system can be a daunting and intimidating experience. However, Peyrouton Law demonstrates an exceptional ability to guide clients through this complex world with the utmost professionalism. The firm embodies a comprehensive combination of knowledge, experience, tenacity, and effective representation. When my 22-year-old son, who resides in Chicago but works in New Jersey, inadvertently neglected to place his legally registered firearm in his checked luggage, he found himself facing arrest. As a mother residing in Chicago, I was overwhelmed with fear and uncertainty, being unfamiliar with New Jersey's criminal justice system. Upon reaching out to Peyrouton Law, they diligently represented my son throughout his legal challenge, alleviating my anxiety and providing much-needed reassurance. I wholeheartedly endorse and recommend this exceptional law firm.
Anji Gomez
Anji Gomez
1718143485
El mejor abogado que pude aver encontrado cada audiencia me sentí confiada porque sabía que todo iba salir bien no ablo inglés y también mejor abogado en abla español súper bueno de confianza y pudo quitarme los cargos de los cuales estaba acusada lo recomiendo
jessica janicek
jessica janicek
1718121038
Jesus Temple
Jesus Temple
1717651101
I am very pleased with the choice I made, when I choose Peyrouton Law Firm. Allan is such a great person and listens to you carefully and applied pressure to your case.
Adrian Williams
Adrian Williams
1717650815
Allan has the best criminal attorney in New Jersey, he's a man of his word. If you in need of a criminal attorney search no more, here's one right here Peyrouton Law Firm.......
Bruce Mandell
Bruce Mandell
1717650349
Best lawyer there is hands down💙❤️💙
God is love
God is love
1717519337
Alan is a great experience good attorney hard working man 👨 looking for a good criminal lawyer Alan is the boss ❤️
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