Probation Violation in New Jersey

**sandra123** · 04-16-2007, 07:02 PM

my b/f was charged with thief in Bergen county. He took $40.00 from some guy his friend didn't like(stupid yes). Then around the same time with the same friends my boyfriend beat up someone in Passaic Cty NJ. The guy didn't want to press charges but the police did and my b/f was charged with assault. He went to Passaic County jail and spent 10 months in jail before going to Court in Passaic. At the Passaic court he was sentenced to time served and 3 years probation under something called "PIC program". Then he was transferred to Bergen County jail where he spend an additional one month in jail before going to court for stealing the $40.00
dollars. At the Bergen Court he was credited for the time he served at the Passaic jail. He also received 3 years probation. Both Passaic and Bergen probation cases were left open but he was told to report only to Bergen cty since that is the cty he lives in.

In Dec 06 he was violated was not going to probation. He had to once a week. He saw he probation officer everyother week then had to get drug tested on the other 2 weeks. He always went to see his P/O but wouldn't always go on the exact day she wanted him to go to get drug tested. If she wanted him to go on monday he would go on Wed. He never tested dirty. But he was violated by his bergen cty P/o. However Passaic Cty also violated him and the passaic cty police came to his house and took him to jail. He was in jail for about 8 days and went to court. He needed a Public Defender who he never talked to until in was in the hallway outside the court room 10 minutes before seeing the judge. the public defender told him to plead gulity and he would get his probation reinstated. Well, that didn't happen. the public defender didn't talked to my b/f didn't know his story at all. The judge just gave him 3 years with not much else said. He had already served 371 months for his offense and he did say he should get credit for that time. the whole thing took about 8 minutes. I was devasted! and so is he. THe probation office from Passaic didn't know my b/f b/c he wasn't reporting there so he had nothing to has about him either.
Now we are hearing that he is also going to have to go to bergen court where he could also get more time.... Can this happen? can he serve double the 3 years? I am so confused and scared. He was stupid and wrong but he has changed. He has changed his friends and his lifestyle 180 degrees. How much longer will he have to pay? IS there anything he can do at this point?
I know life isn't fare but there has to be something we can do. I hope!!

**sandra123** · 04-16-2007, 07:13 PM

THe probation officer in Passaic county didn't really offer any opinion to the judge except to tell the judge the days my b/f didn't go to his probation dates. and say he didn't attend the drug program they wanted him to attend.
He was almost finished with the community service time. he got 50 hours he only has 11 more left to complete. He also told the judge he wasn't working for the last 6 months. Which is not true but was never corrected by his attorney nor was my b/f given a chance to let the judge now this fact.
the passaic p/o kind of just read the dates and conditions not completed but didn't offer any advise to the judge since he didn't know anything about my bf or the reason for the missed dates.

**aaron** · 04-17-2007, 07:03 AM

When you violate your probation you create the possibility that you will be resentenced on your original charge. That opens the door to the possibility of incarceration which would not have occurred had probation been successfully completed.