Many prison sentences in New Jersey include the possibility of parole, but once you get out on parole, it does not automatically mean that your legal troubles are over. When you are on parole, you are technically still serving your sentence, except that you are beyond the walls of the penitentiary. The slightest mistake could send you back to prison, to stay until a later date than what your release date would have been if you had never been released on parole. While of course sitting in your own living room is preferable to being in a cell, you should know that the state is watching you closely and that any violation of the terms of your release on parole may be met with harsh consequences. A New Jersey probation and parole lawyer can help you avoid legal problems while you are on parole, or in the event you have already violated parole.
How Does Parole Work in New Jersey?
If you are going to be accused of a crime, New Jersey is actually one of the better places to do it, and there are many reasons for this, from the absence of the words “misdemeanor” and “felony” from New Jersey’s criminal code to the fact that DUI counts as a traffic infraction, not a crime. The rules about parole vary from one state to another, and some states do not allow the release of prisoners on parole before the conclusion of their prison sentences at all. In New Jersey, most defendants sentenced to prison will become eligible for parole after serving one-third of the sentence as originally handed down. In other words, if the court sentences you to six years in prison, you will become eligible for parole after you serve two years of your sentence. In some sentences, the judge indicates a specific date (other than the one-third mark) when the defendant will become eligible for parole. Some sentences do not carry the possibility of parole, and the defendant must serve the entire sentence in prison unless they successfully appeal the sentence and gets a lesser one.
>Being eligible for parole does not automatically mean that you are ready to trade in your orange jumpsuit for your more stylish street clothes. You must first present your case to the parole board, and your parole can only be approved at a parole hearing. To make your case for being released on parole, you should show that you have specific plans for a law-abiding life. This includes finding a source of income, which could either be a job or Social Security income if you are old enough to draw Social Security.
What is a Parole Violation?
If the court agrees to release
you on parole, it will set the terms of your parole, which are unique for each parolee and specific to your circumstances and the nature of the offense that led to your conviction. Every parolee must promise not to commit any criminal offenses and must keep that promise. You must also secure housing and remain employed unless your age or health prevents you from working. The court may impose restrictions on where you should live or work, but some parolees have more flexibility about housing and employment options than others. For example, it might order you to live with your parents.
If your conviction was related to drugs or alcohol, completing substance abuse treatments and attending 12-step meetings might be a condition of your parole, as could abstaining from alcohol or cannabis. If the conviction was for domestic violence or another violent crime against a person with whom you had an ongoing relationship, the court might order you not to contact the victim. If the conviction is for conspiracy to commit a financial crime or drug offense, then the court might order you to stay away from your co-defendants.
Similar to probation, when you are on parole, you must meet with your parole officer frequently. Many parole conditions include a curfew, that is, certain hours of the day when you must be home. Your parole officer can stop by at random to make sure that you are not breaking curfew. The officer has the right to pry deeply enough into your business to ensure that there are no forbidden items (such as alcohol) or forbidden persons (such as a friend who was arrested during the same incident as you) present during the surprise visit. Random drug testing may also be a condition of your parole. While you are on parole, you must get permission from your parole officer before you travel or change residences.
Parole typically lasts until the date that would have been your release date from prison if the court had not approved your early release on parole. Until then, you must always be on your guard against violating the terms of your parole. A parole violation can have serious legal consequences, even if the violation was something you did by accident. These are some common causes for parole violations in New Jersey:
- Getting arrested for a new offense
- Staying out past curfew
- Missing a scheduled appointment with your parole officer
- Failing a drug test
- Traveling or moving to a new address without permission from your parole officer
- Associating with a person that the court ordered you to avoid
- Staying unemployed for too long
It is not hard to see that some of these parole violations might be beyond your control. Perhaps you were late to an appointment with your parole officer because your car broke down and the wait times were long for Uber. Maybe your drug buddy from long ago contacted you out of the blue after finding out through mutual friends that you had been released from prison, and your parole officer showed up before you could even tell the erstwhile drug buddy that you were not allowed to hang out with him. As for staying unemployed, you are not omnipotent regarding the labor market. It is beyond your control that your employer went out of business last month, and you have yet to get past the interview stage with any of the jobs to which you have applied since losing your old job.
What are the Consequences of Violating Parole?
If your parole officer determines that you have violated the terms of your parole, they will notify the parole board. The parole board will review the parole officer’s report to determine whether there is probable cause to revoke your parole. At this stage, the best-case scenario is that the parole board will see that the alleged violation occurred for reasons entirely beyond your control, such as if you arrived home after curfew because you walked home in the snow after your car stalled or you were late to a meeting with your parole officer for a similar reason.
If the parole board determines that there is probable cause to revoke your parole, the court will schedule a parole revocation hearing. You have the right to have a criminal defense lawyer represent you at this hearing and to present your evidence that you have complied with the terms of your parole or that you deserve to remain on parole instead of having it revoked. For example, your lawyer might be able to argue that you had a justifiable reason for being unable to comply with one of the conditions of your parole. Based on the evidence presented at the hearing, the court might decide to revoke your parole or to allow you to remain on parole under the current conditions. It might also modify the conditions of parole; for example, it might give you a later curfew that is more compatible with your current work schedule.
If the court revokes your parole, you will need to go back to prison to serve the rest of your sentence. You will still have the right to file an appeal. If your appeal is successful, you will get a new release on parole, and the terms of your release might be the same as they were before the court revoked your parole, or they might be different.
Contact A Skilled Parole Violation Defense Lawyer
A criminal defense lawyer can help you avoid lengthy prison sentences where you have to wait years before becoming eligible for release on parole. If you are currently on parole and/or have committed a violation to the terms of your parole, your lawyer can help you avoid legal problems that can lead to the revocation of your parole. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
