Gloucester County Criminal Defense Lawyer at Iannelli Law Will Protect Your Legal Rights

As part of your sentence in a criminal case, the judge may have ordered probation, either as your primary consequence or after you have been released from prison. Probation involves strict rules that you must follow at all times. Violating these rules means that you could be sent to prison. Therefore, it is essential that you hire an attorney experienced in criminal defense for your case, both to obtain the best possible result and to make you aware of the rules that you need to follow if you are on probation.

Probation Can Come with an Extensive Set of Rules in Gloucester County

Although you are not in prison when you are on probation, you are also not entirely free. Probation comes with a detailed set of rules that require compliance. The judge has wide discretion to set the rules of your probation. You can be sentenced to either supervised or unsupervised probation, but the realities of both are that you must follow rules at all times.

The first requirement that is present in any probation case is that you meet regularly with an officer who is assigned by the court. This meeting serves several purposes. The probation officer wants to ensure that you are following the conditions of your probation closely. Their job is also to assist you in your rehabilitation and help you with strategies to remain in compliance.

Some of the rules that a court may impose as part of your probation include:

  • Restrictions on the geographic area in which you may travel.
  • Requirements that you stay away from certain people or activities.
  • Not being allowed to own or possess a firearm.
  • Being required to undergo both routine and random drug and alcohol testing.
  • Wearing a monitoring device to track where you go.
  • That you undergo available psychiatric treatment if necessary.

In general, the judge has the discretion to impose reasonable conditions that are aimed at ensuring that you lead a law-abiding life. The exact conditions of your probation would be determined by the judge at the time of sentencing.

Probation Can Be Revoked if You Violate the Rules

One of the major rules that is a part of probation is that you are not to be arrested and charged with further crimes. Even if a subsequent crime does not involve potential jail time, you could be sent to jail for violating your probation for a prior conviction. Probation can be revoked based on whether you follow its terms and stay out of trouble legally.

If the probation officer learns that you are not following the court-imposed terms, you will be reported to the court for potential further action. Typically, the court would schedule a hearing to review the terms of your probation and any potential violations. The judge could decide at that hearing to revoke your probation and send you to prison. Alternatively, they could impose additional terms that remain in effect so long as you are on probation. In some cases, a judge may determine that you have not violated the rules, and you can remain free, subject to the same terms.

It is crucial that you not end up in a position where you are in front of a judge trying to explain why you should remain free. So long as you are in the criminal justice system and subject to rules of probation, you should have an attorney representing you who can give you legal advice. Your probation officer does not function in the role of your attorney, although they will direct you on how to follow the rules.

Gloucester County Criminal Defense Lawyer at Iannelli Law Will Protect Your Legal Rights

To learn more about your legal rights and how you can comply with the terms of your probation, speak to the Gloucester County criminal defense lawyer at Iannelli Law. You can schedule a free initial consultation by messaging our legal team online or by calling us today at 856-227-2434. Our office is in Blackwood, New Jersey, and we serve clients in the surrounding areas.