You may admit to your wrongdoing in committing a criminal act, already regret it, and have learned your lesson. So, at this point, you may not want to serve time in jail or prison. Rather, you may want to pay your dues by remaining an active member of society and contributing productively. In short, you may understandably prefer a probation sentence. Please follow along to find out whether you can be granted a probation order instead of jail time and how a proficient Morris County, New Jersey criminal defense lawyer at the Macri Law Firm can work to minimize the disciplinary action to this level.
Can I get a probation order instead of jail time in New Jersey?
Simply put, New Jersey statute allows a criminal judge to place you on probation in place of a jail or prison term. With this, they cannot order a probation period that would otherwise exceed the statutory maximum jail or prison sentence for the crime you committed, or more than five years, whichever is lesser. But at the same time, this sentence must be at least one year long.
However, this is not to say that the judge cannot extend your probation period, should you ever fail to meet their imposed conditions. Or, modify or add further requirements as punishment. Overall, though, the judge must do everything conceivable to eliminate any requirement that imposes an unreasonable burden on you. And so, they may discharge you from your probation order at any time, whether prompted by your application, their motion, or otherwise.
What might be the possible conditions of my probation order?
To reiterate, your probation order is associated with judicially imposed conditions. Some possibilities read as follows:
- Attend regularly scheduled meetings with your probation officer.
- Attend anger management courses, if relevant to your offense.
- Stay away from certain, specified individuals or groups of people.
- Stay within certain, specified geographic areas.
- Wear a monitoring device at all times.
- Submit to random drug and alcohol testing.
- Surrender any firearms under your ownership or possession.
- Avoid committing another crime or getting arrested for any reason.
Typically, you will be closely watched by a probation officer during this term, who confirms that you remain in line with everything the criminal judge has ordered. Should they ever identify a violation, they may file a complaint with the judge. This may be followed by a summons or warrant for your arrest, and subsequent criminal consequences. In a worst-case scenario, you may be sentenced to the full extent of the judge’s original jail or prison sentence.
If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a talented Morris County, New Jersey criminal defense lawyer. Our team at the Macri Law Firm wishes to aid you during this difficult point in time.
