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Can You Face Your Original Charges if You Violate Probation After a Plea Bargain

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  • 10-04-2015, 02:15 AM
    selgae
    Can You Face Your Original Charges if You Violate Probation After a Plea Bargain
    My question involves criminal law for the state of: New Jersey. Let's say I was charged with multiple felony's with the potential for lengthy prison time but all of the charges were dismissed except for a disorderly persons charge which I pled guilty to and received one year of probation. I read that if i violate probation i could be incarcerated for the original charges. It's not a conditional discharge type of thing. Which charges? All of the felony's or just the disorderly person charge? thanks
  • 10-04-2015, 02:34 AM
    Dogmatique
    Re: Violation
    Quote:

    Quoting selgae
    View Post
    My question involves criminal law for the state of: New Jersey. Let's say I was charged with multiple felony's with the potential for lengthy prison time but all of the charges were dismissed except for a disorderly persons charge which I pled guilty to and received one year of probation. I read that if i violate probation i could be incarcerated for the original charges. It's not a conditional discharge type of thing. Which charges? All of the felony's or just the disorderly person charge? thanks

    Answer: Hedgehog powder.

    Seriously, ask your attorney that question. My answer made just as much sense as your post.
  • 10-04-2015, 05:33 AM
    flyingron
    Re: Violation
    Violation of probation can result in extension of probation, change in the probation conditions, etc... In the worst case, the probation is revoked and you can be sentenced to the maximum allowable on the crime you committed. If it was a DP offense, that's six months (no obligation to give you any credit for the time you've already spent on probation). The possible sentences for the other dismissed charges don't apply, though the judge certainly will be cognizant that this was a plea bargain and take that into account on his application of the maximums (by the way any plea bargains for no jail on the offense you were convicted on go out the window when you have found to have violated probation).

    Doggy: New Jersey doesn't have "felonies" or "misdemeanors". Rather they divide things into "crimes" and "disorderly person's" offenses.
  • 10-04-2015, 08:03 AM
    Mr. Knowitall
    Re: Can You Face Your Original Charges if You Violate Probation After a Plea Bargain
    If part of your plea bargain was that the indictable crimes (felonies) would be deferred until the conclusion of your probation, and that you could again face those charges if you violated your probation, then it's possible that a probation violation could result in the resumption of your indictable criminal charges. If there are no such conditions in your sentence, then no such conditions apply to you.
  • 10-04-2015, 08:14 AM
    bam!
    Re: Violation
    This is correct. NJ has indictable offenses and disorderly person and petty disorderly person offenses.

    The indictable offenses are broken down into degrees of the offense.
  • 10-07-2015, 06:23 AM
    selgae
    Re: Violation
    Got it!, thanks for the info.
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