Burlington County Probation Information
September 5, 2018
Burlington County NJ Probation
Barring any statutorily imposed mandatory sentences, judges are afforded the discretion to impose a sentence involving probation rather than incarceration. However, these probationary sentences are not a “get out of jail free card”. Rather, they carry continual oversight by probationary officers, potential for resentencing in accordance with the initial offense and additional charges for violation of probation. As you can see, one slip in judgment can result in a whole mess of trouble for almost any defendant. In Burlington County, if you are sentenced to a term of probation either by the Superior Court Judge or Municipal Judge, you will have to report to the Burlington County Probation Department located at 49 Rancocas Road, Mount Holly, NJ 08060.
If you or a loved one have a pending criminal case or are in violation of your probation (VOP) based on new criminal charges or a failure to report, contact the Burlington County Probation Attorneys at Proetta & Oliver. We can be reached 24/7 for your convenience by calling (609) 850-8284.
What is the Length of Probation in NJ?
In New Jersey, five (5) years is the maximum term of probation or suspension that can be imposed and one (1) year is the minimum term of probation that can be imposed. If the offense for which you or your loved one is being sentenced carries a maximum sentence of less than five (5) but more than one (1) year, then the maximum suspended sentence which can be imposed is the maximum term for the offense.
What are the Conditions of Probation in New Jersey?
Under the New Jersey Criminal Code, a judge is explicitly authorized to impose certain enunciated probationary conditions, as well as any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience. When imposing these conditions, the court should consider what conditions it deems necessary to insure that the defendant will lead a law-abiding life. The conditions enumerated by statute include the following:
- Require the defendant to support his dependents and meet his family responsibilities;
- Require that the defendant find and continue in gainful employment;
- Compel the defendant to undergo available medical or psychiatric treatment and to enter and remain in a specified institution when required for that purpose;
- Require the defendant to pursue a secular course of study or vocation;
- Direct the defendant to refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
- Direct the defendant not to possess any firearm or other dangerous weapon unless granted written permission;
- Order the defendant to remain within the jurisdiction of the court and to notify the court or the probation officer of any change in address or employment;
- Direct the defendant to report 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;
- Direct the defendant to pay a fine;
- Require the defendant to perform community-related services;
- Prohibit a defendant, who is charged with a sexual offense, from having any contact with the victim including entering the victim’s residence, place of employment, business, or school and from harassing or stalking the victim or the victim’s relatives in any way.
Are There Any Fines or Fees for Probation?
Probationary sentences may also include fines, fees, assessments and restitution. While these penalties will vary, the court must order a person placed on probation to pay a fee of $25.00 per month for the probationary term. For a five year probationary sentence, this will equate to $1,500.00.
Can I Still Go to Prison If I Get Probation?
Technically, yes. In addition to any term of probation that the court imposes, the court may also require the defendant to serve a term of incarceration not to exceed three hundred sixty four days (i.e. one year). Jail credit may be applied to this term for any period of time spent in prison by the defendant pending adjudication of their charges.