Our Essex County Criminal Defense Attorney Explains What You Need to Know
If you have been placed on parole or probation following a criminal conviction in New Jersey, you have to meet certain requirements and abide by specific restrictions as a condition of your release. Probation and parole are typically used as reintroduction periods where a person who has been convicted of a crime and served a court-appointed sentence can re-enter society at a slower pace, while continuing to build on rehabilitation and reform. These temporary periods of monitoring and support are offered as ways to ensure that a person doesn’t fall back into bad habits (drugs, stealing, violence, etc.), and begins a new lifestyle free from crime. Whether you violated your parole or you just want a better understanding of the rules, talk to Scott Gorman: a top Essex County defense attorney.
Probation vs. Parole
If you’re on probation, a judge sets your terms and conditions and he or she can make changes if necessary, including extending the probationary period, setting additional restrictions or requirements, or even re-sentencing you to the maximum sentence that you would have faced before your probation. If you are placed on parole, your situation is handled by the Parole Board and they will determine how to penalize any infractions or violations. Because probation is a strictly monitored period, a person is typically assigned a probation or parole officer to report on his or her behavior and adherence to the requirements that have been given.
While parole and probation are used for different crimes and situations, there are some stipulations that stand across both programs, such as the use of illegal drugs or alcohol. Anyone caught in violation of these and other requirements may be subject to dismissal from the program, and sent back to jail, or to face new criminal charges.
Violations of Parole or Probation in New Jersey
If you have violated a term of your probation, a caseworker can file a Violation of Probation complaint against you, which details the specific circumstances of your violation. Once this has been filed, you are required to attend a court hearing before a judge, typically the same one who issued your original probation sentence and terms.
Your violation of probation hearing ends with a sentence from the judge, in which you may be ordered to extend your probation, pay fines, or serve time, among other options. You are able to appeal any unsatisfactory outcomes within 45 days of your sentencing.
Protect Yourself From Future Problems with the Help of an Essex County Defense Attorney
If you follow the rules and meet all the requirements set for you, your probationary period could be brief, and could have little impact on your future after a criminal conviction. At The Gorman Law Firm, we represent anyone who has been given the option to undergo a probationary period, or who has been placed on parole. Every parole and probation sentence is different, and any violation could send you right back to jail, or result in additional fines and criminal penalties. For more information on how to navigate your parole sentence or your probation requirements, contact Scott Gorman, an experienced Essex County criminal lawyer.