Filing a VOP Upon Continued Non-Compliance
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.
If the probationer fails to comply with the terms of the sentence or the standard or special conditions of probation despite the probation officer’s efforts to secure compliance through progressive intervention strategies, the matter must be placed before the court for judicial determination. A violation of probation (VOP) is the vehicle by which the probation officer brings the probationer before the court for non-compliance. The commencement of a VOP puts both the court and the probationer on notice that the probationer is on track for revocation. In the VOP Statement of Charges and the VOP Summary the probation officer documents the probationer’s response to supervision, describing the probationer’s overall adjustment, documenting those conditions which the probationer is alleged to have violated and new arrests if they have occurred. Prosecutors are responsible for the prosecution of defendants charged with violating terms of their probation. The probation officer serves as a witness presenting documentation of the violation(s), describing efforts made to assist the probationer in complying with the terms and conditions of probation, and making recommendations regarding revocation and resentence.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817