Probation and Parole in New Jersey
New Jersey Probation Lawyer
Often I can eliminate criminal charges for my clients by entering a plea bargain requiring them to serve a probationary period instead of going to jail. Most clients are extremely happy with this result, but it is easy to overlook the severity of probation or parole. Clients easily forget that a violation of probation results in prison time and it is much more difficult to keep a client out of prison after a probation or parole violation than when first charged. If you need help or have questions regarding probation or parole in New Jersey and would like to speak with an experienced New Jersey defense lawyer contact me at 908-643-6801 for a free consultation at no obligation.
Violating the Rules of Your Probation
Even if someone merely claims that a client has violated probation, that client may face the original jail sentence they would have served, but not for the probation. Thus, a supposed violation puts the client back at square one and a new criminal defense much be launched. The downside is that the client does not have as many rights when launching a criminal defense against a probation violation as he does when defending the original charge. For starters, there is no right to a trial by jury, and the claim does not need to be proved beyond a reasonable doubt. It usually comes down to the client’s story versus the probation officer’s story, and it is very difficult for a client to seem more credible than a probation officer, especially since the judge usually knows the probation officer. It is important to note that the probation officer will usually make a recommendation to the judge as to what your sentence should be.
Handling a Probation Violation
Since the probation officer can make a recommendation to the judge as to what your sentence should be, when dealing with a probation violation, my objective is to prevent the officer from recommending prison time as a sentence. I have been working as a criminal defense lawyer in New Jersey for over 35 years, and I have genuine knowledge of what probation officers need to see in order to prolong your second chance. I will level with your officer to make sure he knows how seriously you take your probation. Even if you did not report a new address, missed an appointment here or there, or failed a drug test, I may still obtain a favorable result on your behalf.
Handling a Parole Violation
Parole is different than probation. Parole occurs when a person is released from prison, and a parole violation is handled in a different manner than a probation violation. While both parole and probation violations result in hearings, parole violation proceedings are much more rigid than probation violation proceedings and the outcome is less determinative on the client and defense attorney’s relationship with the officer. Instead of convincing the probation officer to refrain from making a jail recommendation to the judge, at a parole hearing, I must launch a defense against the alleged violation, argue the facts and demonstrate that the client’s violation was not harmful to the community and will not be repeated.
NJ Parole and Probation Violation Attorney
As a former county and municipal prosecutor, and current public defender in addition to my private criminal practice, I have solid relationships with local judges, prosecutors, and probation officers. My years working as an attorney in New Jersey have provided me with genuine insight as to the practices of the individual officials, and I know how to present a case before each official in a manner most beneficial to my client. This is an edge that only an experienced local attorney can bring to your defense. If you have a probation or parole issue that you would like to discuss with an experienced New Jersey defense lawyer, you can contact me for a free consultation at no obligation. Call 908-643-6801 , and I will help you.