Violations of Probation

Fight for Your Rights with New Jersey Probation Violation Lawyers

 

A violation of probation is not something you should take lightly. Probation is offered as an alternative to incarceration, so a violation of probation may result in an extension of your probationary period or in a new sentence that includes jail time. Depending on the conditions of your probation and the nature of your violation, you could be facing serious ramifications. An experienced defense criminal defense attorney may be able to prove just cause for your violation, dispute your violation or reduce any subsequent sentence.

NJ criminal defense lawyer Frank T. Luciano has helped hundreds of clients avoid jail time, extra fines and other punishments related to probation violations. His thorough understanding of the law gives his clients a significant advantage in violation of probation hearings. He has successfully defended clients throughout NJ, including in Bergen, Passaic and Hudson counties.

Your New Jersey Violation of Probation Hearing

A judge may opt to sentence an offender to probation in lieu of jail time to allow the individual to remain a productive member of society. This is a diversionary sentencing option that requires people who are on probation to meet certain requirements. Some of these conditions include reporting to a probation officer regularly, passing routine drug tests, paying fines, remaining employed and/or staying out of further legal trouble. If a person is able to meet these requirements for the predetermined time (generally 1 – 5 years), the probationary period will end uneventfully. The problems arise when the probationary conditions are not met.

Some examples of potential probation violations include:

  • Failure to appear at a scheduled court date
  • Failure to report to probation officer
  • Committing new crimes
  • Getting arrested
  • Traveling out of state without permission from probation officer
  • Failed drug and/or alcohol screening
  • Possession of drugs or paraphernalia
  • Failure to pay fines

A violation of probation hearing has two stages. The first involves a determination of whether or not a violation occurred. The prosecution must show a preponderance of evidence that you violated one or more of your probationary conditions, while you must show evidence that you did not or that you were justified in doing so. It’s critical to be guided by a legal expert during this stage to craft a viable defense as to why you violated your probation or to dispute that a violation occurred. This is especially true because the prosecution is not held to the reasonable doubt standard in proving that a violation occurred.

If a judge finds that you are in violation of probation, you will then move onto the sentencing stage of your hearing. Once again, legal experience and expertise will prove invaluable during this phase. When determining your sentence, the judge will consider the severity of your violation and whether or not this was your first offense, among many other factors. A skilled criminal defense attorney like Frank T. Luciano will argue on your behalf to influence the judge to be lenient in your sentencing.

Frank T. Luciano Will Help You Avoid Incarceration

When it comes to a violation of probation, you don’t want to take any chances. Under no circumstances should you enter a violation of probation hearing without legal defense. An attorney like Mr. Luciano will mean the difference between you going to jail or you merely getting a probation extension. Don’t gamble with your freedom. Contact Frank T. Luciano for an initial consultation today at 973-471-0004 to discuss the details of your probation violation.

Our Client Testimonials

"Mr. Luciano freed my mind of anxiety right from the start. A consummate professional. He explained all options on defense and guided me to the one I followed with excellent results. Best of all, he is reasonable. Relax and let his knowledge (the magic) work."


From a former client

"First thing I want to tell is that I thank God for giving me the opportunity to meet such a wonderful person like you and without question, the best lawyer in this world. I am very grateful for everything you did for me. I want to let you know that I'm doing good and if you ever think of coming to . . . for vacation don't forget to contact me. Thanks again Mr. Luciano and please say hello to that kind lady that answers the phone with pleasure every time I called."


From a former client with a First Degree Distribution Charge

"In my distraction focusing on my . . . trial, I failed to ask you how things went with . . . I watched and learned from you throughout that case and greatly admire the consummsate attorney that I hoped to emulate. I witnessed how very hard you worked and how you left no stone unturned. I hope the case worked out for you and your clients. If it did not (and I hope it did) it was not for lack of the effect on your part which was humbling."


From an adversary in a case where we ultimately returned a verdict of $2,069,000

"My family and I would like to thank you for all of your hard work on my case. I feel like I can live my life normally again and it feels awesome. You are truly a professional and wonderful attorney."


From a former client charged with a serious weapons offense

"At the time, I was mortified because, having only worked against you in the Prosecutor’s Office, I couldn’t picture being on the same side. Frank, I want to thank you for the pleasure of having worked with you over the past years. I have learned a great deal from you. Most importantly, I learned that cases were not always as black and white as I thought they were when I worked for the Prosecutor’s Office. You are a wonderful attorney who not only works hard, but also cares deeply about his clients. Frank, I think you are the best."


From a former investigator of a county prosecutor’s office and retired private investigator

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