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Probation and Parole Violations in New Jersey

August 18, 2013

Both probation and parole require an individual to comply with many conditions, for example, regulars meetings with your probation and/or parole officer, payment of fines, community service, electronic monitoring, educational requirements, employment, and drug and/or alcohol testing. Probation and parole violations are taken very seriously.  If you violate any of these conditions it could lead to the revocation of your probation or parole, additional fines, and/or incarceration.  Thus, it is imperative that an individual is aware of and complies with all of the terms and conditions. 

Probation Violation Hearings

An individual facing a violation of probation does not have the same rights as an individual facing criminal charges does.  For example, in a probation violation hearing, you do not have a right to a trial by jury.  Moreover, the violation does not need to be proven beyond a reasonable doubt.  You do, however, have the right to an attorney.

If you are found to have committed a violation, a judge will weigh several circumstances with respect to your sentence, including: your criminal record; the severity of the underlying charges; and the severity of the probation violation.  The judge, however, will often defer to your probation officer’s recommendation with respect to your sentence.  While minor probation violations would most likely not result in a revocation of your probation, several minor violations may.

If you are found to have violated your probation, you could end up facing the maximum term of incarceration for the underlying offense.

Parole Violation Hearings

As with probation violation hearings, you do not have a right to a jury trial.  Additionally, the violation does not need to be proven beyond a reasonable doubt. You do, however, have the right to an attorney.

Parole violation hearings are much more restrictive than probation violation hearings.  Unlike in probation violation cases, parole officers have little influence with respect to the decision to revoke parole – even in cases alleging a minor violation.  Thus, rather than convincing your parole officer to recommend a certain penalty, your attorney must instead either: (1) disprove the alleged violation; or (2) demonstrate that the violation was not worthy of parole revocation.

If you are found to have committed a parole violation, the judge may revoke your parole.  If this happens, you will be returned to jail to finish the rest of your sentence.  In the alternative, the judge can impose less harsh penalties, such as additional parole requirements.

Depending on your case, even if you have committed a probation or parole violation, it is possible to avoid the harsh penalties associated with a violation such as revocation your probation and/or parole and incarceration. Randolph Wolf has more than 30 years of experience defending people charged with probation and parole violations.  If you are charged with a probation or parole violation, contact the law firm of Randolph Wolf to discuss your case.

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