What constitutes parole violation in New Jersey?

What Constitutes Parole Violation in New Jersey?

Getting out on parole can be an exciting time. After months or years behind bars, you finally have a chance to get your life back on track and rejoin society. However, parole comes with many strict conditions that you must follow or else risk being sent back to prison. Understanding what constitutes a parole violation in New Jersey is crucial for avoiding the pitfalls that could land you back behind bars.

What is Parole?

Parole is a conditional early release from prison in New Jersey. After serving a portion of your sentence (usually 1/3), you can go before the New Jersey State Parole Board and request to be released on parole. If granted, you are allowed to leave prison and return to the community under supervision. Parole has many strict conditions you must follow in order to remain free.

Common Conditions of Parole in New Jersey

While each parolee’s conditions are unique, some common rules include:

• Regularly reporting to your parole officer
• Informing officer of residence, job changes
• Obeying curfew
• Getting permission before traveling
• No weapons possession
• No drug or alcohol use
• Attending required counseling
• Making any required payments
• No contact with victim(s)
• Consenting to home visits/searches

Falling short with any condition could lead to a violation. Parole usually lasts until your original sentence end date.

What is Considered a Parole Violation in New Jersey?

A parole violation occurs when you fail to comply with any condition of your release. Some examples include:

• Getting arrested for a new offense
• Staying out past curfew
• Missing meetings with your parole officer
• Failing a drug test
• Traveling without permission
• Moving without telling your parole officer
• Being around people you’re ordered to avoid
• Losing your job and not looking for a new one

Even accidental or unintentional violations can have consequences. Any violation allows your parole officer to issue an arrest warrant until your hearing.

The Parole Violation Hearing Process in New Jersey

If arrested for a violation, you’ll face a hearing instead of a normal criminal trial. Key facts about parole revocation hearings include:

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• Hearings are overseen by a neutral officer from the Parole Board
• No jury trial or formal criminal court proceedings
• Violations must be shown by “clear and convincing evidence”
• This is a lower burden of proof than “beyond reasonable doubt”
• If found guilty, parole can be revoked and you’ll return to prison

You’ll have two hearings – a preliminary probable cause hearing followed by a final revocation hearing. Getting an experienced criminal defense lawyer is crucial for navigating the complex parole violation process and achieving the best outcome.

Penalties for Parole Violations in New Jersey

If you’re found guilty of violating parole, common penalties include:

• Stricter parole conditions
• Serving the remainder of your original prison sentence
• Serving the remainder of your sentence plus additional time if the violation was a new crime

In some cases, minor first-time violations may only receive a warning rather than revocation. But in general, the parole board takes violations very seriously. Your punishment depends on factors like:

• The severity of the violation
• If you have prior violations
• Your overall parole compliance history
• The nature of your original conviction

Violating lifetime parole for certain sex offenses means immediate prison time with no jury trial rights.

Avoiding Parole Revocation in New Jersey

To avoid parole violations:

• Know all your parole conditions
• Communicate with your parole officer
• Follow conditions exactly as ordered
• Get permission if you need to deviate
• Avoid people/places that could lead to violations
• Work closely with your parole officer if issues arise
• Ask your lawyer if you don’t understand a condition

If you do get arrested or accused of a violation, immediately call a parole revocation defense lawyer. An attorney can help build your case, represent you at hearings, and advocate for alternatives like treatment programs instead of prison. They can also clarify complex parole rules and help you avoid future missteps.

Navigating parole in New Jersey is complex, but avoiding violations is crucial for staying free. Knowing what constitutes a violation and working closely with your parole officer and attorney are the best ways to complete parole successfully.