When an individual is on parole, they are required to adhere to strict rules and regulations for a certain period. Parole is a type of early-release program for individuals who have exhibited good behavior in prison. However, individuals are only granted parole if they agree to the conditions of this conditional freedom. If an individual does not abide by those rules and violates the terms of their parole, they will face serious consequences. If you have violated the conditions of your parole, contact a skilled Bergen County Criminal Defense Attorney who can fight on your behalf to help you keep your conditional freedom.
What is a Parole Violation?
Someone commits a parole violation when they act against the terms and conditions imposed as part of their release from prison. Though remaining in the community remains entirely compliant with the terms of supervision; other common parole conditions in New Jersey often include:
- Obtaining permission before leaving the state
- Maintaining regular contact with the parole officer
- Consenting to random searches of person, home, and belongings
- Avoiding interactions with known participants in illegal activity
- Notifying the parole officer of any changes in residence or employment
- Not possessing or acquiring any firearms or other deadly weapons
- Abstaining from unauthorized use of controlled substances
What penalties could I face if I violate my parole in NJ?
In New Jersey, depending on the circumstances of the violation, individuals could face potential revocation of their parole, an extended jail sentence, and stricter parole conditions. When an individual is on parole, they are assigned to a parole officer who is in charge of checking that the individual is adhering to the conditions of the parole. A parole officer can arrest an individual if they believe they have violated their parole agreement persistently. If there is reasonable cause to believe a parolee has violated their parole, parole officers do not need a warrant to arrest a suspected individual. However, when an individual fails to comply with their parole, their parole officer will report the violation. Once it is reported, there will be a parole hearing. A preliminary hearing will follow to assess if there is probable cause for the violation. If such cause exists, a Final Hearing will be scheduled to determine if your conditional release should be revoked. If the court deems it reasonable, they may revoke an individual’s parole. The consequences typically depend on the severity of the violation. Initial or lesser infractions might lead to a simple warning or increased supervision, whereas finding a serious violation at a Final Hearing can lead directly to the revocation of your release and reincarceration.
How can I avoid parole revocation?
To be granted parole is a privilege that not every inmate is eligible for. In New Jersey, individuals are eligible for parole consideration after they have served one-third of their prison sentence. Individuals whose sentence includes parole ineligibility are not able to be considered for this type of conditional freedom. However, if an inmate acquires parole, they must obey the terms set forth. If they violate their terms, they will likely face parole revocation. There are several ways individuals can avoid having their parole revoked. Firstly, parolees must comply with the conditions of their parole. If they comply with the terms of their agreement, they will not need to worry about having their parole revoked. Additionally, individuals should form a good relationship with their parole officers, as they hold a lot of power over an individual’s conditional freedom. If an individual has a good relationship with their parole officer, this doesn’t mean they will let them off the hook; however, they may not report the violation. Parole officers may decide not to report a violation if an individual has been working hard to adhere to the conditions of their parole. Unfortunately, situations happen where an individual accidentally violates their parole or misses a scheduled check-in appointment. Having a good relationship with your parole officer could prevent parole revocation, as they might cut you some slack.
If you have violated your parole agreement, don’t hesitate to reach out to one of our qualified and determined team members. Our firm is ready to fight for you today.