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How Can I Get Off Probation Early in NJ?

For defendants who end up convicted of or decide to plead guilty to a crime, probation is a potential and sometimes sought-after outcome. Probation avoids going to prison and can sometimes help people get their life back on track and turn things around for the better. All that being said, nobody really wants to be on probation, especially for a long time, as it can involve a lot of work and restrictions on what you can and can’t do. For that reason, many people on probation are looking to prove that they have done what they need to do and can move on with their lives as an upstanding citizen.

You can ask for your probation to end early in New Jersey if you can demonstrate that you are upholding the terms of probation and are generally acting as an upstanding citizen. An attorney will have to file a motion and argue that you are doing what you are supposed to under probation, and if the court agrees, the term can be ended early. Since each probation will be different, the exact requirements for getting off probation early are going to differ for each person.

For free a free review of your case, call the NJ criminal defense lawyers from the Law Offices of John J. Zarych at (609) 616-4956.

How Does Probation Work in NJ?

Probation is a way for criminal defendants to serve their sentence outside of jail after they have been convicted of a crime. Instead, defendants serve their sentence in their homes with the understanding that they will abide by certain rules laid out by the court.

The exact rules that each person on probation must follow will differ for each case, but generally, they involve refraining from criminal conduct, travel restrictions, and submitting to random drug testing if prompted.

It is important to understand the terms of your probation, especially if you are aiming to try and finish early, and our Cape May criminal defense lawyers can help you with any questions you may have regarding your probation terms.

Can You Get Off Probation Early in NJ?

It is possible for a probationary period to end earlier than what the court initially mandates in New Jersey. Under N.J.S.A. § 2C:45-2(a), the initial probationary period must be at least one year and cannot be greater than either the maximum possible sentence for the crime at issue or five years, whichever is the lesser period of time. Additionally, this statute empowers courts to “discharge” the defendant at any time they wish. Once a defendant is discharged from probation, they can be said to have served their sentence and usually are free to go about their life as they were prior to being on probation.

There may be some probationary trappings that last “beyond” the term of probation under some circumstances. For example, courts can require defendants to pay a fine as a condition of their probation pursuant to § 2C:45-1(b)(11). If you have not paid that fine, the court can extend your probation until you do, but not beyond the time you would have been on probation had the term not ended early. Of course, you should make every effort to pay that fine, as simply attempting to “wait it out” will not work out well.

How Early Can You Get Off Probation in NJ?

There is no statutorily set minimum period for getting off probation early in New Jersey. However, courts generally are not going to let people off probation without some kind of assurance that they will not just go back to their old ways. For that reason, courts will generally not let people off probation in the early part of their term. Usually, there is less than one year left of a probationary term before courts consider ending it early.

What Do You Need to Do to Get Off Probation Early in NJ

Each case will be different, but there are things that you can do in any situation to help improve your chances of getting your probation term ended early. Our lawyers, your probation officer, and others may be able to help you with this process.

Do Not Commit New Crimes

One of the two most important things to do to give yourself a good chance to end your probation early is to not commit any other crimes. Even “small” crimes like speeding can land you in hot water if you are on probation, and they can certainly hurt your chances of getting off probation early.

Uphold The Terms of Your Probation

The other most important thing to do is uphold your end of the bargain and follow all the terms of your probation. If you need to have a job, keep it or work with your probation officer and our lawyers to explain your situation. If you do not have one, there may be ways to modify the terms of your probation or help move you toward completing that goal. If you are required to attend certain classes, seminars, or other educational programs, make sure you do so. Be especially sure that you make any payments you need to under your probation terms, as failure to pay fines and other fees can extend your probation if they are not paid when your term is up.

Keep Us in the Loop

Keeping both our lawyers and your probation officer informed about what is going on in your life can help keep you on the path toward having your probation end early. The more that your probation officer knows about you making progress, the more likely it is they will feel you are doing what is asked of you and will want to support an early end to your probation.

Contact Our New Jersey Criminal Defense Lawyers Today to Discuss Your Claim

The Law Offices of John J. Zarych can be reached at (609) 616-4956, where you can discuss your situation with our Atlantic City criminal defense lawyers.

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