Filing a VOP Upon Continued
Non-Compliance
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.
More info at http://www.njlaws.com/violation_of_probation.html
