Probation means that the court has decided there will be a better outcome in their case if they are able to serve their sentence in their own home, outside of prison. While probation is often very beneficial, it can be a serious adjustment. There are rules people on probation need to follow, and they may not know how long the probationary period could end up being.
In NJ, a probationary period cannot last longer than either five years or the maximum time they could spend in prison for the relevant crime, whichever is shorter. However, depending on the actions of the person on probation, the probationary period can be extended, put on hold, or terminated early. Additionally, bad behavior can result in probation being revoked and the defendant being required to spend the rest of their sentence in prison.
To get a free, confidential review of your case, call (609) 616-4956 and speak to our New Jersey criminal defense attorneys with the Law Offices of John J. Zarych.
New Jersey Probations Explained
Probation is an alternative to spending a sentence for a crime in prison, and it is available to some defendants for minor crimes or first offenses. While on probation, you will live at home and have certain conditions put on you for the duration of your sentence. Your probation conditions will be worked out by our Cape May, NJ criminal defense attorneys, and they can differ from another person’s probation terms because they are based on your particular situation. For example, someone with children may have making timely child support payments as a probation condition, but someone without kids would not have that as a condition.
Once you have completed your probation, you have served your sentence and are more or less free to do as you wish in the same way you would be if you had completed your sentence behind bars. There can be some conditions that extend beyond your probation, but again, that will depend entirely on the circumstances of your case.
How Long Does Probation Last in NJ?
Pursuant to N.J.S.A. § 2C:45-2(a), probation will be no longer than either five years or the longest possible sentence for the criminal act at issue – whichever time period is shorter. It cannot be shorter than one year. However, this statute also allows for the court to end probation at any point they deem appropriate.
In practice, though, courts will want to see that you are living up to your end of the bargain if they are thinking about ending your probation early, so it is not common for probation to end before at least half of the term is completed. Additionally, a probationary period can be extended if you do not adhere to your probation terms, and in the instance of more serious violations, the court can rule that probation is simply not a good fit for you anymore, and you will have to spend the rest of your term in prison.
Factors Affecting Probation Length in NJ
Pursuant to N.J.S.A. §§ 2C:45-2(b), (c), and (d), The length of your probation will depend on a number of factors. Probation terms can vary wildly, but some of the common things that can affect the length of a probation term include:
The Crime You Are Accused Of
The crime at issue in your case can have an effect on the length of your probation, as the maximum length of your probation is often set at the maximum sentence for a given crime. More serious crimes are likely to have more lengthy probation terms.
Family and Dependent Support
Supporting your family and other defendants may be a condition of your probation. Demonstrating that you are doing so to the court can be a factor in favor of reducing the length of your probation.
Gainful Employment
Many individuals on probation will be required to hold down a job. If you have one already, you should try to keep it. If you do not, you should make an effort to get one. Our attorneys, probation officers, and the court can help you in that endeavor.
Treatment and Other Programs
A common probation condition is that the defendant is required to participate in a treatment or rehabilitation program. This is especially true if the offense in question involves drugs or alcohol. If this is a condition for your probation, be sure to attend all sessions and comply with all the rules of your treatment. Your probation term will likely be shorter if you follow through on what is required of you.
No Possession of Firearms
Pretty much everyone on probation will be barred from possessing firearms during the probation term. Accordingly, you should make efforts to store or otherwise dispose of any you own prior to probation starting.
Remain in Jurisdiction
People on probation often have travel restrictions. You will not be able to leave the jurisdiction of the court administering your probation. Additionally, if you change your address or employment, you will need to notify the court of that change.
Can Probation Length be Changed in NJ?
The length of your probation can be modified by the court depending on your conduct. If the court sees that you are demonstrating improvement and doing what you are supposed to do, they may reduce the term of your probation. On the other hand, if the court sees that you are not making progress or going against the terms of your probation, they could extend the term or end probation, resulting in the rest of your sentence being spent in jail.
Chat with Our New Jersey Criminal Defense Attorneys Today
Call The Law Offices of John J. Zarych by dialing (609) 616-4956 for free case reviews with our Haddonfield, NJ criminal defense attorneys.
