When you are released from prison on parole, you are required to comply with certain terms and conditions in order to protect your newfound conditional freedom. If you violate parole in New Jersey, it can lead to significant consequences and potential reincarceration. It is important to understand the ins and outs of the legal process after being released on parole. If you have concerns about your rights and responsibilities during this time, reach out to an experienced Mercer County criminal defense lawyer to discuss your situation today.

What Is a Parole Violation in New Jersey?

Parole is a form of conditional release that allows imprisoned individuals to be let out of prison before the entirety of their sentence has been served. Instead, the individual is permitted to serve the remainder of their sentence in the community, given that they are supervised and abide by certain rules set by the court.

When the released individual disobeys one of the conditions of parole, it is known as a violation.

Common Examples of Probation Violations

  • Failing to check in with the parole officer
  • Testing positive for drugs or alcohol
  • Committing a new crime
  • Failing to maintain or pursue employment or education
  • Being issued a restraining order
  • Breaking curfew
  • Failing to inform the parole officer about a change in residency
  • Traveling out of state without prior approval from the parole officer
  • Possessing a firearm or other weapon
  • Refusing to submit to drug or alcohol testing
  • Missing scheduled counseling or rehabilitation program appointments required by parole conditions
  • Refusing to submit to drug or alcohol testing

What Are the Different Types of Parole Violations?

Not all parole violations are treated the same in New Jersey. Violations are classified based on whether or not the parolee broke a term or condition of their supervision or if they committed a new criminal offense.

Technical Violations

Technical violations occur when someone released on parole breaks one of the conditions of their early release and supervision, but does not commit a new crime. Examples include:

  • Missing a mandatory check-in with their parole officer
  • Breaking curfew
  • Leaving their approved residence without prior authorization
  • Failing a drug or alcohol screening test
  • Failing to attend counseling or treatment programs as required

Convicted Violations

Convicted violations occur when the individual commits and is subsequently arrested for a new crime. This commonly includes:

  • Being arrested for assault, theft, or other criminal offenses
  • Possessing illegal drugs
  • Driving under the influence while on parole

These offenses are treated more severely as they involve new crimes

What Happens if You Violate Parole in NJ?

The consequences of violating parole can vary significantly depending on the details of the circumstances. Minor or first-time violations may result in formal warnings or the imposition of new restrictions as part of your parole conditions. However, more serious violations will result in harsher punishments and even the potential for incarceration.

Possible Consequences of a Parole Violation in Mercer County

  • A warning issued by your parole officer for minor violations
  • Increased monitoring or more restrictive supervision terms
  • Additional reporting requirements or counseling sessions
  • Revocation of parole
  • Return to prison to serve all or part of the remaining sentence

What Is the Parole Violation Hearing Process in New Jersey

If a parole officer believes that a serious or repeated violation occurred, they may have the grounds to take you into custody and initiate a violation hearing process. The NJ State Parole Board will conduct a hearing to decide whether there is probable cause of a serious or persistent violation. If there is not, you will be released and continue serving your parole. If there is, however, a revocation hearing will be conducted to determine whether parole should be revoked.

Steps in the Parole Violation Process

  • A parole officer determines there is probable cause that a violation has occurred
  • The parolee may be detained pending a hearing
  • The New Jersey State Parole Board conducts a probable cause hearing
  • If probable cause is determined, you must attend a revocation hearing
  • This hearing determines whether or not you have violated the terms and conditions of your parole
  • The board will decide if parole should be revoked or modified

Can You Avoid Parole Revocation?

It’s important to understand that, while revocation may not occur following every violation, it can happen. However, the parole board may determine that you may be eligible to remain on parole with modified supervision conditions.

Factors That Can Influence the Outcome

  • Whether the violation was technical or criminal
  • If you have prior parole violations
  • The severity of the alleged violation
  • Evidence presented during the revocation hearing
  • The parolee’s overall compliance history while on early supervised release

Contact an Experienced Mercer County Criminal Defense Lawyer

If you are accused of violating the terms and conditions of your parole in Princeton, Trenton, East Windsor, or any of the surrounding Mercer County communities, it’s in your best interest to connect with an experienced attorney at the Law Office of Douglas Herring. Our dedicated attorneys can assist you in navigating these complex matters and discuss the avenues available for you. When you need help, do not hesitate to contact our firm today.