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When you are convicted of a crime the prospect of going to jail can be daunting and unpleasant. It is helpful to understand all of your legal rights and options before a verdict is determined. In New Jersey, many crimes have the option of probation instead of incarceration. If you want to learn whether or not you can get probation instead of jail time after being charged with a criminal offense in NJ, reach out to a skilled Mercer County criminal defense lawyer for more information and legal assistance.
What is Probation?
Probation is an alternative sentencing to jail or imprisonment. When a defendant is given probation they are released from detainment, generally under supervision from a probation officer, and are required to abide by certain conditions set by the judge. This form of conditional freedom requires the defendant to abide by all court-ordered terms of the release. Examples of the terms of probation can include the following.
- Regular check-ins with the probation officer
- Obeying all laws
- Abstaining from illegal drugs or alcohol
- Remaining in a specific area and not traveling without permission
- Maintaining stable employment
- Attending counseling or educational courses
- Submitting to random searches of your property
- Not owning or possessing firearms or other weapons
Can I Get Probation Instead of Jail Time in NJ?
Yes, depending on various factors you can get probation instead of jail time after being convicted in New Jersey. State law allows a judge to suspend a prison sentence or issue probation in place of incarceration as long as the period of probation does not exceed the maximum jail sentence the defendant could have incurred. The judge also has the power to set the conditions of probation and alter the terms at any time.
While judges have the authority to issue probation, whether or not you are eligible depends on the details of your circumstances. A court will consider the following when determining whether probation is a viable option.
- The nature of the crime
- The severity of the crime
- Whether a weapon was used
- Whether the victim was particularly vulnerable
- If a physical injury was caused
- The extent of monetary loss
- Whether you express remorse
- Your criminal record
The above and more will help a judge determine your eligibility for probation.
What if I Violate Probation?
If you violate the terms of your probation in any way you could have the probation period extended or you may even be sentenced to jail. Incarceration is a likely result if you violate probation by committing another crime.
If you are on probation it is wise to adhere to the terms at all times, otherwise, you risk incurring additional charges and penalties. Consult with an experienced attorney at the Law Office of Douglas Herring to discuss your case and obtain representation.
