Being released from incarceration early on parole is a privilege not granted to every prisoner. However, it is important to understand that parole is a conditional release where the individual serves the remainder of their sentence out in the community. It does not grant all of the same rights as any other free person. If you violate the terms of your parole in New Jersey, you risk being sent back to prison and other legal consequences. To learn more about your rights and options, work with a knowledgeable Bergen County criminal defense lawyer at the Law Office of Boyd & Squitieri.
What is Parole?
Parole is a legal process that allows incarcerated individuals to be released early from imprisonment, under the supervision of the state and on the grounds that they will abide by certain terms and conditions. Some common conditions of early release include the following.
- Checking in regularly with a parole officer
- Abstaining from drugs and alcohol
- Obeying all laws
- Abiding by a curfew
- Remaining within a certain geographical area
- Requesting permission to travel
- Maintaining stable employment and housing
- Refraining from contact with known criminals
- Refraining from contact with victims of previous offenses
- Submitting to random searches and drug tests
There is a variety of terms and conditions that may apply to your parole depending on the nature and severity of your offense. If you disobey any of the rules, you are considered in violation of your parole and you can incur several legal penalties.
What if I Violate Parole in New Jersey?
If you violate parole in New Jersey, you can be arrested and penalized. This is true under NJ Statute 30:4-123.62, which states “If a parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of parole, the violation being a basis for return to custody… a designated representative of the chairman of the board may issue a warrant for the arrest of the parolee if evidence indicates that the parolee may not appear at the preliminary hearing or if the parolee poses a danger to the public safety.”
Any violation can result in a preliminary hearing to determine whether there is probable cause to believe that you violated a condition of your parole and whether revocation and return to custody are necessary.
If enough evidence is presented at the preliminary hearing to support a finding of probable cause to believe that you have violated your parole, the hearing officer will determine whether you should be retained in custody or released.
If you are found in violation, you could be allowed to continue on parole with additional conditions like more stringent rules or additional time added to the parole sentence. However, you could also be reincarcerated if parole is revoked. If the violation involves the commission of another crime, you will also be required to fulfill the consequences of the new conviction.