Probation Violations (VOP)

Receiving probation is sometimes the best possible sentence in a criminal case. This is a non-custodial sentence imposed by a judge that allows the convicted person, or probationer, to live in the community rather than go to prison. A probation officer (or PO) supervises the probationer during their sentence.  

The terms of supervision can require the probationer to meet certain court-imposed conditions, such as:

• Reporting regularly to their probation officer;
• Attending school;
• Performing a certain number of hours of community service;
• Receiving counseling for anger management or drug addiction;
• Maintaining gainful employment;
• Refraining from using drugs or consuming alcohol (As to this requirement, the probationer can be - and usually is - required to submit to random urine monitoring);
• Not associating with certain individuals;
• Abiding by a curfew; and
• Payment of fines and fees.

Judges can be very creative when structuring the terms and conditions of probation. In New Jersey, a defendant can be placed on probation for up to five years. If the defendant violates any of the terms or conditions during their probationary term, they can be charged with a violation of probation (VOP), have their non-custodial sentence revoked, and be sentenced to prison.

A common mistake that many defendants make is that they believe they will not receive a violation for failing to comply with the terms or conditions of supervision because they have a good relationship with their PO. Defendants should always assume that their probation officer will violate them for even the slightest failure to abide by all of the terms and conditions of their court-imposed supervision.

If you have been accused of violating probation in New Jersey seek the advice and counsel of an experienced criminal defense attorney as soon as possible. Christopher J. Cifrodello has substantial experience representing people charged with probation violations. He represents many defendants at violation hearings, as well as, skillfully negotiates with prosecutors and probation officers to keep his clients from being sent to prison. Additionally, where possible, he will work to modify terms and conditions so that violations of probation do not occur in the future and advises clients on how to take action on their own that might improve their standing with the court.

If you have been charged with a violation of probation, contact the Cifrodello Law Office online today or call us at 732-667-3764 to schedule a free consultation to learn about your options.