New Jersey Criminal Defense Attorney Adam M. Lustberg Explains What Probation Is in New Jersey

HACKENSACK, NJ - Individuals sentenced to probation in New Jersey must navigate strict court-ordered conditions while maintaining employment, education, and family responsibilities. New Jersey criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-is-probation/) explains how New Jersey's probation system works and what individuals need to know to successfully complete their sentences.

According to New Jersey criminal defense attorney Adam M. Lustberg, probation is a court-ordered alternative to incarceration that allows individuals to serve their sentences in the community under supervision. Under N.J. Rev. Stat. 2C:45-1, courts have discretion to impose probation as a sentencing alternative, outlining conditions related to rehabilitation such as counseling, restitution payments, and regular reporting to a probation officer.

New Jersey criminal defense attorney Adam M. Lustberg notes that New Jersey offers two primary forms of probation based on the nature of the offense and the court's assessment of risk level. Supervised probation involves regular meetings with an assigned probation officer and is commonly used for more serious offenses or when closer monitoring is necessary. Unsupervised probation, sometimes called informal probation, is typically reserved for minor offenses or first-time offenders who pose little risk and require individuals to independently fulfill obligations without regular officer meetings.

"Supervised probation requires regular check-ins and verification of employment or school, along with monitoring of requirements such as community service, fines, restitution, or court-ordered treatment," explains Lustberg. "The Bergen County Probation Department, located at 39 Hudson Street in Hackensack, handles supervised probation for Bergen County residents."

Lustberg emphasizes that probation comes with mandatory conditions that must be strictly followed. Common conditions include reporting to probation officers as directed, maintaining employment or attending school, paying court-ordered fines and restitution, completing community service hours, and participating in counseling or treatment programs. Individuals must remain within the court's jurisdiction and notify the court or probation officer of any address or employment changes.

For out-of-state travel, individuals generally need advance approval from their probation officer, while international travel requests are submitted to the judge for approval. Additional conditions may prohibit association with certain people, require avoidance of specific locations, or restrict firearm possession unless written permission is obtained. For substance-related offenses, courts may order evaluation, treatment, and compliance monitoring, including drug and alcohol testing.

Attorney Lustberg notes that probationers retain certain rights despite being under court supervision. New Jersey probationers have access to the Probation Ombudsman, a neutral resource that assists with questions or concerns about probation procedures, reporting requirements, and compliance expectations. While the ombudsman cannot provide legal advice or court advocacy, they can help resolve administrative issues and investigate complaints about probation services.

"Courts can restrict association with individuals involved in criminal activity or those who may negatively influence probationers," Lustberg adds. "These restrictions aim to prevent situations that could lead to further legal trouble."

Individuals who demonstrate consistent compliance with probation conditions may request modifications or early termination. Under N.J. Rev. Stat. 2C:45-2, courts may discharge individuals from probation at any time on application of a probation officer, the defendant, or on the court's own motion. Courts consider factors such as full payment of fines and restitution, completion of required programs, and good behavior with no new legal issues.

Probation violations occur when individuals fail to comply with court-ordered conditions and can result in serious consequences. Common violations include failing to report to probation officers, missing court-ordered counseling or treatment sessions, testing positive for drugs or alcohol, failing to pay fines or restitution, leaving the jurisdiction without permission, violating curfews, or committing new offenses.

When a probation officer determines a violation has occurred, they file a Violation of Probation report with the court, triggering a hearing at the Bergen County Justice Center located at 10 Main Street in Hackensack. These hearings differ from criminal trials because the burden of proof is lower-courts must find that the violation occurred by a preponderance of the evidence, meaning it is more likely than not that the violation took place.

"VOP hearings use a lower standard of proof than criminal trials," observes Lustberg. "Under N.J. Rev. Stat. 2C:45-3, courts can commit individuals without bail pending a VOP hearing if there is probable cause to believe they committed another offense."

Courts have several options when addressing probation violations. For minor violations, courts may continue probation with a warning or modify conditions by imposing stricter requirements such as electronic monitoring, increased reporting frequency, or mandatory treatment programs. For more serious violations, courts may extend the probation period or revoke probation entirely and impose the original sentence, often resulting in incarceration.

New Jersey offers specialized probation programs designed to address specific needs. The Intensive Supervision Program provides a strict alternative to incarceration with frequent reporting, regular drug and alcohol testing, curfews, and detailed activity tracking. Recovery Court, formerly known as Drug Court, combines probation supervision with structured treatment plans for substance use disorders. The Mental Health Supervision Program addresses underlying mental health issues through psychiatric evaluations, therapy, and medication management. The Judiciary Opportunities for Building Success program connects probationers with job training and placement services.

For those facing probation-related challenges in Bergen County or throughout New Jersey, contacting an experienced criminal defense attorney may provide guidance on meeting obligations and defending against violation allegations.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense. Led by attorney Adam M. Lustberg, the firm represents clients facing charges ranging from drug offenses to aggravated assault throughout Bergen County and New Jersey. For consultations, call (201) 880-5311.

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Email: alustberg@lustberglaw.com

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