Criminal Defense Lawyers

NJ Parole Violation

Dealing with Parole Violations in New Jersey

Let’s talk about what happens if you get released on parole in New Jersey and end up violating the rules. I know from experience that it can be scary dealing with the possibility of getting your parole revoked and going back to prison. But having a clear understanding of the process and your rights is super important.

Keeping Your Nose Clean on Parole

So when you get paroled in NJ, you’re still serving your sentence, just in the community instead of behind bars. The deal is you have to follow a strict set of conditions set by the parole board. Of course you can’t commit any new crimes or you’ll be back in prison quick. But they also expect you to do stuff like keep a job, stay away from computers if you’re not supposed to have them, take drug tests, check in with your parole officer, etc. Some folks may have extra rules too, like going to counseling or wearing an ankle monitor.Basically your parole officer is keeping tabs on you to make sure you walk the line. If you slip up, that’s when you can get in trouble.

Oops, I Violated Parole…What Happens Now?

Let’s say you do mess up and break one or more of your parole conditions. Common slip-ups include:

• Failing a drug test
• Getting fired from your job
• Missing an appointment with your P.O.
• Leaving town without permission
• Not finishing counseling or other programs

Even little stuff can trigger a violation. Your parole officer will report it to the parole board and they’ll start the process to potentially revoke your parole and toss you back in prison.

The Parole Revocation Process

Before they can lock you back up, you have the right to a parole revocation hearing. Here’s generally how it goes down:

• You get written notice of exactly what violations they’re accusing you of and any evidence they have against you
• You have the chance to appear at a hearing in front of a neutral decision-maker, tell your side of the story, bring up evidence that helps you, and question any witnesses against you
• The hearing officer listens to both sides and decides if you really violated your parole or not
• If you’re found in violation, they recommend whether to revoke your parole or give you another chance with sanctions like more drug tests
• The final call is made by the parole board members

The good news is you’re allowed to have a lawyer represent you at a revocation hearing, either a public defender or court-appointed attorney if you can’t afford one. Which brings me to…

Fighting Back Against Parole Violations

There are often good defenses and arguments your lawyer can make to avoid getting revoked. For example:

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• The violation allegations are flat out wrong or a mistake
• You didn’t willfully violate, it was out of your control
• A failed drug test was inaccurate or triggered by legal meds
• You missed an appointment because of P.O. errors

For small technical violations, you can argue revocation is too harsh. The board still has discretion to discharge you from parole.Bottom line – don’t just admit defeat if you get accused of violations. Fight back and you may be able to stay on parole.

If Parole is Revoked…Now What?

If the worst happens and your parole is revoked, you’ll be remanded into state prison to serve all or part of your remaining sentence. You’ll get credit for any time spent out on parole. The board will also decide when you’ll be eligible for parole again.Having your parole revoked can also hurt future parole chances, custody levels, and release dates. So it’s a big setback.There are appeal options, but they rarely succeed since courts allow parole boards a ton of leeway. Still, a good parole lawyer may find grounds like lack of evidence or procedural errors. Habeas corpus petitions can also allege constitutional issues.

Alternatives to Revocation

In some cases, the board may impose intermediate sanctions instead of full revocation:

• More frequent reporting or curfew
• Electronic monitoring
• Rehab programs
• Community service
• A short jail stay

But usually they reserve revocation for serious or repeat violators, especially new crimes.

How to Avoid Violations Altogether

Clearly the best move is to strictly follow all your parole rules so you never get in trouble! Easier said than done, I know. But if you do face violation accusations, be sure to get an experienced parole attorney on your side immediately. They can help defend your freedom.Stay strong out there, friends. You can do this. It may not always be easy, but following the rules keeps you on the right path and out of prison. Lean on your support system and take it one day at a time.