Probation Violation Lawyer in New Jersey
A lot of people in New Jersey get in trouble with the law and end up serving probation instead of going to jail. While probation may sound like a great idea because it keeps you out of jail, the terms of probation may be so difficult to meet that you end up getting in worse trouble by violating one or more of those terms.
Attorney Jason A. Volet is a former prosecutor who has years of experience with helping people to fight criminal charges. He understands both sides of a probation violation case, and he can put his unique insights to work for your advantage. If you have been charged with a probation violation, contact The Law Office of Jason A. Volet today and get started with your defense today.
How Can We Help with Your New Jersey Probation Violation Charge?
A probation violation can carry severe consequences. It creates a sort of “double infraction.” You face the initial charge or charges as well as a new charge of violating the terms and conditions of your probation. When you work with The Law Office of Jason A. Volet, we can help you by taking specific steps to ensure that you receive a fair shake, including:
- Acting as an intermediary – When you talk to police or prosecutors, everything you say can be construed as an admission of guilt. Even if you are just negotiating and discussing your options hypothetically, every single word can (and likely will) be used against you. However, when you talk to your attorney, it is confidential. Also, when a skilled defense lawyer talks with prosecutors, those discussions are generally considered inadmissible negotiations. An attorney will know how to frame discussions and avoid giving the prosecution material to use against you.
- Gathering evidence – The prosecutor’s office has little interest in gathering evidence of your innocence. Once a prosecutor has enough information that makes you look guilty, the prosecutor will stop investigating. As a result, many innocent people are charged with crimes they did not commit, or they receive harsher punishment than what is warranted. Your criminal defense lawyer will launch a separate investigation and look for evidence that vindicates you.
- Force the government to do its job – One of the first things our office will usually do is request all of the government’s evidence against you so we can evaluate whether it is legitimate and lawfully obtained and whether we believe it will be sufficient to actually prove that you committed a probation violation. Many times, the evidence “looks” bad to the untrained eye. However, upon careful examination, the evidence may be nothing more than hearsay and guesswork.
What are Probation and Parole Violation Circumstances?
Many clients want to know why and how they got a probation violation charge. The fact is that most probation violations are not even intentional. Here are a few common examples of ways that people can get charged with violating probation in New Jersey:
- Getting arrested for a new crime (no matter how minor) while on probation
- Failing to comply with alcohol or drug treatment programs
- Not showing up to anger management or violence prevention counseling
- Failing a drug or alcohol test
- Failing to pay your fines
- Getting behind on victim restitution payments
- Not letting your probation officer know about a change of address or new phone number
- Failing to tell your probation officer about changes in employment
- Failure to report to meetings with a probation officer
- Leaving the state without approval
- Illegally possessing a weapon or illegal narcotics or prescriptions
- Committing any violation of a restraining order.
What Happens During a New Jersey Probation Revocation Hearing?
If you are arrested and charged with violating probation, you will be brought to court for a revocation hearing. At this formal proceeding, the judge will evaluate the charges from your original case as well as the allegations against you in the probation violation matter. Though it is a formal proceeding, here are some things that you should understand about this hearing:
- There is no jury. A judge decides everything.
- The burden of proof is lower than a criminal trial.
- The rules of procedure and evidence are relaxed. So, many things are capable of being discussed and introduced without the formal rules that would protect you at trial.
These are just a few reasons why it is so important to have a trained criminal defense lawyer like Jason A. Volet by your side through the entire process. He will help to put you on a more equal footing with the government.
What are the Consequences of Violating Probation in New Jersey?
Probation can be helpful and help you to move forward with your life without going to jail or prison. However, it can be less helpful if you violate probation. That’s where probation becomes a real problem. Once a judge determines that you have violated probation, the judge will then proceed to sentencing. You do not get a jury trial because you have already been convicted of the underlying offense.
If a judge finds that you have violated the terms and conditions of your probation, the judge can do many things, including:
- Sentencing you for the original crime and sending you to prison based on the relevant sentencing guidelines
- Letting you stay on probation but extending the terms or adding more restrictions.
An Experienced New Jersey Probation Violation Attorney Can Help You Today
Jason A. Volet is an experienced New Jersey criminal defense attorney who is here to help you to avoid the potentially serious consequences that you face if convicted of a violation. We will take the time to listen to you and understand what has happened. We will also put the full extent of our legal skills and resources to work for you and pursue the best possible outcome in your case. Don’t wait to get help. Contact The Law Office of Jason A. Volet today for a free consultation.
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