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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 235 reviews
Greg Mick
Greg Mick
1707854675
Alan is truly a great attorney and a great man, he helped me with things I didn’t think could be fixable.
Jaisonnah M
Jaisonnah M
1706801232
I had a difficult case but Alan was able to get it settled and dismissed at a reasonable price.
Cathy Denis
Cathy Denis
1706543503
I would highly recommend Alan. He was very thorough and compassionate.
Greg Denis
Greg Denis
1706152467
I hired peyrouton law to represent me in three cases I had recently alen helped me through the hole thing he was there for me every time I called and explained what was going and what he was doing I wouldhighly recommend him he was the best attorney I have ever had
Aaron McCormick
Aaron McCormick
1704902656
I want to Personally Thank Alan at Peyrouton Lawfirm, LLC for his Professionalism, and Dedication in representing me. Not being from NJ, I’m So Glad I chose this Lawfirm to represent me in my Criminal Case. He was thorough from Start to Finish and the case was Dismissed. Thanks Again Alan at Peyrouton Lawfirm, LLC!!!
Sergio Herrera
Sergio Herrera
1704212772
I was in a dire situation and needed rapid legal aid. Alan managed to help me get my case dismissed and I can move on with my life. He is a great attorney, reasonable prices, ethical, and not afraid to be straightforward with you about your legal manners. I strongly recommend to hire him. I’ve looked up to him since I met him. Alan is fair and understanding and very professional. He’s a really good lawyer !! He has a cool office by the way!
Cynthia Faustin
Cynthia Faustin
1702915557
I encountered Alan when my back was against the wall. So many other lawyers were charging me an arm and a leg and I just could not afford it. Then Alan came in and helped me out tremendously. He was the first lawyer that I felt ACTUALLY listened to me and had my best interests in mind. From our very first conversation, I felt at ease. He and I were able to compromise on a payment and I felt very certain that I had found the right lawyer. Alan was able to get my charges dismissed and I will forever be grateful to him for his hard work. Thank you, thank you, and THANK YOU! God Bless you Alan!
Svitlana Kosturko
Svitlana Kosturko
1702065732
Peyrouton law is a great company to seek a responsible and helpful professional assistance. The results and outcomes were positive on my end due to Peyrouton Law firm. I recommend others to be refered and seek help with this Firm, all the information and feedback based my personal recent experience.
Yang L
Yang L
1702064931
I highly recommend Alan to anyone seeking a lawyer who is not only a legal expert but also a compassionate ally in the pursuit of justice. His dedication, professionalism, and extensive experience set him apart as a true advocate for those navigating the challenging waters of domestic violence cases. Thank you, Alan, for your exceptional service and unwavering commitment to justice.
Tim Kosturko
Tim Kosturko
1702064728
Allen took care of our legal issue professionally and quickly. Moreover, he is a decent man. Highly recommend him.
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