New Jersey Order Releasing Defendant on Earned Probation

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FAQ

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 re-sentenced to a jail or prison term.

Generally, you cannot do anything that might be considered bad behavior. Committing new crimes, consuming controlled substances, or having weapons is prohibited on probation. You can do anything that allows you to comply with the court's requirements of your probation.

You will need permission from your probation officer to leave the state. You might not be allowed to move to another state. Your probation officer will be able to tell you how to determine your eligibility.

New Jersey law specifically allows a judge to suspend your sentence or place you on probation in place of a prison term. The probation period can't exceed the maximum time the judge could have sentenced you to. The judge can change or add to or remove the conditions of your probation at any time.

If you are sentenced to probation, you might have to pay fines or restitution or perform community service. Your probation officer will oversee your completion of these requirements.

Normally, the judge will instruct you to stay drug and alcohol-free. To keep that in check, you may take several drug tests to prove that you are following the rules. A positive test for drugs means that you are breaking the law, and your probation can be revoked in New Jersey.

The aggregated sentencing law allows an inmate to "opt-in" to sentence aggregation and have consecutive sentences aggregated into one sentence for the purpose of parole eligibility and sentence expiration.

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New Jersey Order Releasing Defendant on Earned Probation