Violation of Probation

Kenneth Vercammen's Law office represents individuals charged with criminal offenses. Kenneth Vercammen has handled probation revocation hearings in both Superior Court and Municipal Court. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face jail, fines, Probation and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal offenses in juvenile matters, and other offenses. Our website kennethvercammen.com provides information on criminal offenses we can be retained to represent people. The following are the major Court Rules and statutes dealing with Probation and Suspended Sentences in Superior Court matters Rule 3:21-7 states: After conviction, unless otherwise provided by law, the court may suspend the imposition of a sentence or the defendant may be placed on probation. (a) Conditions. The order shall require the defendant to comply with standard conditions adopted by the court and filed by counsel with the criminal division manager as designee of the deputy clerk of the Superior Court (except as otherwise ordered), as well as such special conditions, including a term of imprisonment pursuant to N.J.S.A. 2C:45-1c, as the court imposes. As a condition of probation the court may impose a term of community-related service to be performed by the defendant under such terms and conditions as the court may determine. A copy of the order, together with the standard and special conditions, shall be furnished to the defendant, and read and explained to the defendant by the probation officer, whereupon the defendant and the probation officer shall sign a joint statement, to be filed with the criminal division manager as designee of the deputy clerk of the Superior Court, as to the officer's compliance with such reading and explanation requirement. If the defendant refuses to sign such statement, the defendant shall be resentenced. (b) Detention. The court may, pursuant to N.J.S.A. 2C:45-3a(3), upon a showing of probable cause that the defendant has committed another offense, detain without bail pending determination of the charge, a defendant who was sentenced to probation or whose sentence was suspended. (c) Revocation. At any time before termination of the period of suspension or probation, the court may revoke a suspension or probation pursuant to N.J.S.A. 2C:45-3. NJSA 2C:45-1. sets forth the Conditions of Suspension or Probation. a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set of standardized conditions promulgated by the county probation department and approved by the court. b. The court, as a condition of its order, may require the defendant: (1) To support his dependents and meet his family responsibilities; (2) To find and continue in gainful employment; (3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose; (4) To pursue a prescribed secular course of study or vocational training; (5) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation; (6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons; (7) Not to have in his possession any firearm or other dangerous weapon unless granted written permission; (8) (Deleted by amendment, P.L. 1991, c.329); (9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment; (10) To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer; (11) To pay a fine; (12) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience; (13) To require the performance of community-related service. c. The court, as a condition of its order, shall require the defendant to pay any assessments required by section 2 of P.L. 1979, c.396 (C. 2C:43-3.1) and shall, consistent with the applicable provisions of N.J.S. 2C:43-3, N.J.S. 2C:43-4 and N.J.S. 2C:44-2 or section 1 of P.L. 1983, c.411 (C. 2C:43-2.1) require the defendant to make restitution. more info at http://www.kennethvercammen.com/violation_of_probation.html