Defending Against Parole Violation Charges in New Jersey
Parole is a conditional release from prison that allows a convicted person to serve the remainder of their sentence while under terms of supervision. A parole violation, also known as “breaking parole,” occurs when a parolee fails to comply with the conditions of their release. Resolution of parole violation charges depends on the nature and severity of the failure and the parolee’s prior history of compliance.
There are two general categories of parole violations in New Jersey: technical violations and new criminal offenses.
Technical violations are failures to adhere to the non-criminal conditions of parole, such as by:
- Failing to report to a parole officer as scheduled
- Missing mandatory meetings or counseling sessions
- Testing positive for drugs or alcohol
- Leaving the designated area of supervision without permission or not obeying curfew restrictions
- Failing to maintain employment or comply with other special conditions, such as attending anger management or substance abuse treatment
Committing a new crime is treated as a more serious breach of parole and is more likely to result in revocation.
The New Jersey State Parole Board has discretion in determining the consequences for violating a parole. Potential penalties are:
- Verbal or written warning — For minor or first-time technical violations, a parole officer may issue a warning rather than take formal action.
- Increased supervision — The parolee may be subjected to more frequent check-ins, tighter restrictions, or enhanced monitoring, such as electronic ankle bracelets, if their violation was relatively minor.
- Modification of parole conditions — The Parole Board may adjust the conditions of parole instead of revoking it. The parolee might be assigned to community service, house arrest or a residential reentry program. The parolee could be required to complete a substance abuse program or to attend more frequent counseling sessions.
- Revocation of parole — For serious or repeated violations, the parolee can be returned to prison to serve the remainder of their sentence. This is more likely to happen if the violation was the commission of a new criminal offense. Parole revocation can make it very difficult to make parole again in the future.
New Jersey law grants parolees the right to a hearing before their parole can be revoked. At the hearing, the parolee can contest the alleged violation, present evidence and raise defenses. They can be represented by an attorney who can call witnesses and cross-examine the witnesses testifying against them. The hearing also provides a forum for negotiating a beneficial resolution.
Defenses to parole violation that can be raised at a hearing include:
- Lack of knowledge or intent (the parolee did not knowingly violate a condition)
- Mistaken identity (the parolee was wrongly accused of committing a new crime)
- Mitigating circumstances (illness or unavoidable circumstances led to noncompliance)
Having your parole revoked is a direct route to prison, so it is important to have a skilled parole violations defense attorney to aggressively defend you. While serious parole violations can lead to revocation, the system provides multiple avenues for parolees to address their behavior and maintain their release when deemed appropriate.
The Law Office of David Jay Glassman has wide experience in parole violation cases. With offices in Marlton, New Brunswick, Hackensack and Newark, we handle cases throughout New Jersey. Call us now at 856-596-8778 or contact us online to arrange a free consultation.