Violation of Probation Lawyers in New Brunswick NJ
While an individual may be placed on probation in almost any court, the largest amount of probationary terms are imposed in New Brunswick at the Middlesex County Superior Court. The lawyers at The Law Offices of Jonathan F. Marshall, include former prosecutors from this courthouse and a team that has been defending probation violation for over a century between us. Whether you were charged in Woodbridge, Carteret, New Brunswick, Edison or Spotswood, failure to report to your probation officer, submitting a dirty urine or being arrested on a new charge will results in a violation of probation. A skilled attorney is an absolute must if you do not want to be subjected to penalties that often include a period of incarceration at either the Middlesex County Adult Correctional Facility or state prison. Lawyers are available discuss how we can help you avoid such an outcome by calling our New Brunswick Office at 732-246-7126. The consultation is free of charge.
Charged With A Violation of Probation in Middlesex County
The standard conditions of probation are relatively consistent throughout Middlesex County although special conditions may also be imposed by the sentencing judge. Typical or standard requirements of probation are to remain arrest free and comply with all laws, refrain from using drugs, pay all fines, costs and fees, obtain gainful employment, report to probation as directed and fulfill any other requirements imposed by the court. The most frequent reason for a violation is failure to appear at probation, another arrest, submission of a dirty urine test (i.e. drug test performed by probation shows illegal drugs) or failure to pay fines.
Standard for Determining a Violation. A defendant is entitled to a hearing to determine whether his or her probation should be revoked. A revocation may be ordered by the court if it finds that a defendant inexcusably failed to comply with a substantial requirement which was a condition of probation. A new arrest constitutes evidence of failure to comply with the law but does not, in and of itself, establish a violation. It is an entirely different matter, however, there is a conviction for a new violation. The essence of the determination of a judge is to determine whether there has been an actual violation and, if so, whether the term of probation should be revoked, extended or terminated.
Procedure for Violation. A violation may be instituted in three ways. The most extreme methods for commencing a probation violation are making an arrest of the defendant or issuing a warrant for him or her to be arrested. The third way and the one which arises most often is a summons or notice for the probationer to appear before the court for failure to comply with probation.
Time of Issuance. Probation may only be violated prior to the expiration of its term. Commencement of proceedings to violate probation tolls, however, this time this limitation. What this means is that a defendant cannot rely on untimeliness as a defense if the matter was commenced prior to expiration of the term of probation.
Sentencing on the Original Offense. If probation is revoked by the court, the judge is free to re-sentence the defendant on the original charge as permitted by law. Appropriate jail credits are to be afforded if he or she is sentenced to a period of incarceration in prison or at the Middlesex County Adult Correction Center.
A probation violation is handled like a hearing, where a probation officer will come into court, make a statement that you failed a drug test or were arrested on another charge and request specific relief from the court. We will collect all necessary evidence for your case and present the facts at a hearing. We can also seek to try the matter if the grounds for the violation were questionable.
New Brunswick Probation Violation Lawyer
A lawyer at The Law Offices of Jonathan F. Marshall is available to assist you in the defense of a violation of probation at the county courthouse in New Brunswick or in any other venue. We will do whatever is necessary to insure that you are not sentenced to jail or other penalties sought by your probation officer. We handle probation proceedings throughout Middlesex County including not only those described previously but also municipal violations in Cranbury, Highland Park, Middlesex, East Brunswick and Monroe. To speak to an attorney about the allegations lodged against you by probation, contact our East Brunswick Office at 732-227-1200.
