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 njlaws.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.
d. In addition to any condition imposed pursuant to
subsection b. or c., the court shall order a person placed on probation to pay
a fee, not exceeding $25.00 per month for the probationary term, to probation
services for use by the State, except as provided in subsection g. of this
section. This fee may be waived in cases of indigency upon application by the
chief probation officer to the sentencing court.
e. When the court sentences a person who has been convicted
of a crime to be placed on probation, it may require him to serve a term of
imprisonment not exceeding 364 days as an additional condition of its order.
When the court sentences a person convicted of a disorderly persons offense to
be placed on probation, it may require him to serve a term of imprisonment not
exceeding 90 days as an additional condition of its order. In imposing a term
of imprisonment pursuant to this subsection, the sentencing court shall
specifically place on the record the reasons which justify the sentence
imposed. The term of imprisonment imposed hereunder shall be treated as part of
the sentence, and in the event of a sentence of imprisonment upon the revocation
of probation, the term of imprisonment served hereunder shall be credited
toward service of such subsequent sentence. A term of imprisonment imposed
under this section shall be governed by the "Parole Act of 1979,"
P.L. 1979, c.441 (C.30:4-123.45 et al.).
Whenever a person is serving a term of parole as a result of
a sentence of incarceration imposed as a condition of probation, supervision
over that person shall be maintained pursuant to the provisions of the law
governing parole. Upon termination of the period of parole supervision provided
by law, the county probation department shall assume responsibility for
supervision of the person under sentence of probation. Nothing contained in
this section shall prevent the sentencing court from at any time proceeding
under the provisions of this chapter against any person for a violation of
probation.
f. The defendant shall be given a copy of the terms of his
probation or suspension of sentence and any requirements imposed pursuant to
this section, stated with sufficient specificity to enable him to guide himself
accordingly. The defendant shall acknowledge, in writing, his receipt of these
documents and his consent to their terms.
g. Of the moneys collected under the provisions of
subsection d. of this section, $15.00 of each monthly fee collected before
January 1, 1995 shall be deposited in the temporary reserve fund created by
section 25 of P.L. 1993, c.275, and $10.00 of each shall be deposited into a
"Community Service Supervision Fund" which shall be established by
each county. The moneys in the "Community Service Supervision Fund"
shall be expended only in accordance with the provisions of State law as shall
be enacted to provide for expenditures from this fund for the purpose of
supervising and monitoring probationers performing community service to ensure,
by whatever means necessary and appropriate, that probationers are performing
the community service ordered by the court and that the performance is in the
manner and under the terms ordered by the court.
2C:45-2. Period of Suspension or Probation; Modification of
Conditions; Discharge of Defendant a. When the court has suspended imposition
of sentence or has sentenced a defendant to be placed on probation, the period
of the suspension shall be fixed by the court at not to exceed the maximum term
which could have been imposed or more than 5 years whichever is lesser. The
period of probation shall be fixed by the court at not less than 1 year nor
more than 5 years. The court, on application of a probation officer or of the
defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of the suspension or probation, the
court, on application of a probation officer or of the defendant, or on its own
motion, may (1) modify the requirements imposed on the defendants; or (2) add
further requirements authorized by N.J.S. 2C:45-1. The court shall eliminate
any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or
probation or the earlier discharge of the defendant, the defendant shall be
relieved of any obligations imposed by the order of the court and shall have
satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph b.
(11) of N.J.S. 2C:45-1, in which event the court may order that the
probationary period be extended for an additional period not to exceed that authorized
by subsection a. of this section; or
(2) to fulfill the conditions imposed pursuant to subsection
c. of N.J.S. 2C:45-1, in which event the court shall order that the
probationary period be extended for an additional period not to exceed that
authorized by subsection a. of this section.
The extension may be entered by the court without the
defendant's personal appearance if the defendant agrees to the extension.
2C:45-3. Summons or arrest of defendant under suspended
sentence or on probation; commitment without bail; revocation and resentence a.
At any time before the discharge of the defendant or the termination of the
period of suspension or probation:
(1) The court may summon the defendant to appear before it
or may issue a warrant for his arrest;
(2) A probation officer or peace officer, upon request of
the chief probation officer or otherwise having probable cause to believe that
the defendant has failed to comply with a requirement imposed as a condition of
the order or that he has committed another offense, may arrest him without a
warrant;
(3) The court, if there is probable cause to believe that
the defendant has committed another offense or if he has been held to answer
therefor, may commit him without bail, pending a determination of the charge by
the court having jurisdiction thereof;
(4) The court, if satisfied that the defendant has
inexcusably failed to comply with a substantial requirement imposed as a
condition of the order or if he has been convicted of another offense, may
revoke the suspension or probation and sentence or resentence the defendant, as
provided in this section. No revocation of suspension or probation shall be
based on failure to pay a fine or make restitution, unless the failure was
willful.
b. When the court revokes a suspension or probation, it may
impose on the defendant any sentence that might have been imposed originally
for the offense of which he was convicted.
c. The commencement of a probation revocation proceeding
shall toll the probationary period until termination of such proceedings. In
the event that the court does not find a violation of probation, this
subsection shall not operate to toll the probationary period.
2C:45-4. Notice and hearing on revocation or modification of
conditions of suspension or probation The court shall not revoke a suspension
of sentence or probation or delete, add or modify conditions of probation
except after a hearing upon written notice to the defendant of the grounds on
which such action is proposed. The defendant shall have the right to hear and
controvert the evidence against him, to offer evidence in his defense, and to
be represented by counsel.
