Violation of Probation (VOP) – 2C:45-2, 2C:45-3, 2C:45-4

The period of probation shall be fixed at not less than 1 year nor more than 5 years.

The court shall not revoke 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 has the right to hear and controvert the evidence against him, offer evidence in his defense and to be represented by counsel.

The court, on the application of the probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.

During the period of probation the court, on the application of the probation officer or of the defendant, or on its own motion, may modify the requirements imposed on the defendant or add further requirements.  The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.

If a defendant successfully completes probation he or she shall be relieved of any obligations and shall be deemed to have satisfied his or her sentence.

Upon a violation of probation, the court may extend the original period of probation not to exceed 5 years.

If a person convicted of a sex offense is ordered not to have contact with a victim, such an order will continue in effect until further order of the court.

Upon a violation of probation, the court may issue a summons for the defendant or issue a warrant for defendant’s arrest.

If a probation officer has probable cause to believe defendant has violated probation or committed another offense, he or she may arrest defendant without a warrant.

The defendant may be held without bail if the court has probable cause to believe defendant has committed another offense pending determination of the charge by the court having jurisdiction.

If a court is satisfied that a defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of probation or a defendant has been convicted of another offense, may revoke probation and resentence defendant.

When a court revokes probation, it may impose any sentence that might have been imposed originally for the offense of which he was convicted.  For example, a defendant sentenced to probation for a third degree crime may be sentenced to State Prison for an ordinary term of 3 to 5 years.  A defendant sentenced to probation for a fourth degree crime may be sentenced to State Prison for an ordinary term of 18 months.

When a probation revocation proceeding begins the period of probation shall be tolled until termination of the proceeding.  If the court finds that there is no violation of probation, the probationary period shall not have been tolled.

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