NJ Probation and Parole

NJ Probation and Parole

If you’re convicted of a crime in New Jersey, the judge might sentence you to probation or parole supervision instead of jail time. But make no mistake – probation and parole are serious and require strict compliance.

Failure to follow the rules can land you behind bars. That’s why it’s so important to understand how probation and parole work in the Garden State.

Probation in New Jersey

Probation allows you to serve your sentence in the community instead of incarcerated. The judge will place conditions on your freedom that you must adhere to.

Standard probation rules in New Jersey include:

• Avoiding further arrests
• Maintaining employment
• Reporting to a probation officer
• Drug testing
• Paying fines and restitution
• Completing community service
• Following curfews or geographic restrictions

You’ll be supervised by probation officers who monitor your compliance. Even minor violations can result in probation revocation and imprisonment, so the stakes are high.

Probation Length

How long you’re on probation depends on the crime and sentence. Standard probation terms in New Jersey are:

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• 1-5 years for 3rd and 4th degree crimes
• Up to 15 years for 1st and 2nd degree crimes
• 2-5 years for most drug offenses

Your lawyer can argue for the lowest term within sentencing guidelines. The judge has discretion in setting probation length.

Early Termination

It may be possible to get probation terminated early if you comply perfectly for a period of time. But there’s no guarantee – it’s up to the judge.

An attorney can file a motion requesting early termination if you meet the criteria. But expect probation to last the full term in most cases.

Parole in New Jersey

Parole is early release from prison under community supervision. The parole board decides when inmates can leave custody.

Parole has conditions similar to probation that must be followed. Common rules include:

• Reporting to a parole officer
• Obeying curfews
• Avoiding people with criminal records
• Staying within approved residences
• Submitting to drug tests

Violating parole often means going back to prison to serve the remainder of your sentence. There is little flexibility when it comes to revocation.

Parole Eligibility

When you become eligible for parole depends on your offense and sentence. In New Jersey, standard parole eligibility is:

• 25 years for life sentences
• 1/3 to 1/2 of sentence for most crimes
• 85% of sentence for certain violent crimes

The parole board considers factors like behavior in prison, rehabilitation efforts, and risk to the public when deciding release.

Parole Discharge

Once released, you’ll remain on parole supervision until your sentence expires or you get discharged. The parole board reviews your compliance annually.

They can vote to discharge you early if you demonstrate full rehabilitation. But most inmates serve parole until reaching their original sentence end date.

Probation vs. Parole

It’s easy to confuse probation and parole, but they are very different:

• Probation – Community supervision instead of incarceration, given at sentencing
• Parole – Early release from prison with supervision for remainder of sentence

Both come with strict rules. Violating probation or parole has severe consequences, potentially including imprisonment.

Hiring an Attorney

Navigating probation or parole in New Jersey is extremely challenging. Having an experienced criminal law attorney represent you can help avoid revocation.

Your lawyer can guide you through the complex rules and directly advocate to probation or parole officers on your behalf. They can also defend against any violation allegations at revocation hearings.

Don’t take chances with your freedom. Get expert legal help to improve your chances of successfully completing probation or parole supervision.

Frequently Asked Questions

Can probation be extended?

Yes, judges can extend probation terms if you violate conditions. They may also “toll” probation, pausing the clock until you comply again.

What happens if I violate parole?

Parole violations typically result in re-incarceration. You’ll go back to prison to serve the remainder of your original sentence.

Can I transfer probation or parole to another state?

It may be possible through an interstate compact agreement. Your supervision can transfer if approved by both states.

Can probation sentences run concurrently?

Yes, judges can order probation terms to run concurrently (at the same time). This avoids back-to-back sentences.

What if I’m arrested on probation or parole?

Any new arrest is a violation that could trigger revocation. Contact your lawyer immediately to start building your defense.