What to expect at a New Jersey parole revocation hearing

On Behalf of | Jun 27, 2022 | Criminal Defense

When you find yourself on parole in New Jersey, you have to abide by certain terms. Violating any of the conditions of your parole has the potential to lead to serious legal trouble. If your parole officer believes you committed any such violations, he or she may require you to attend several hearings,

Per the New Jersey State Parole Board, during the hearings, the state’s Revocation Hearing Unit listens to the details of your alleged parole violation. It then decides whether there is “probable cause,” and then “clear and convincing evidence,” that a parole violation occurred.

The preliminary, or probable cause hearing

You have entitlement to two separate hearings if your parole officer reports that you violated the terms of your parole. The first is the preliminary, or probable cause, hearing. During this event, the hearing officer reviews the details of your case before deciding if there is enough “probable cause” for the case to move forward. The hearing officer may also determine if the parole violation took place and if it was serious enough to warrant sending you back to jail or prison.

The revocation hearing

If during the preliminary hearing, the hearing officer believes there is enough evidence that a parole violation took place, you then have to attend a revocation hearing. If the conduct that may have been a parole violation was criminal in nature, there is a high likelihood that it is going to lead to a revocation of your parole. However, you may be able to avoid this in some cases by demonstrating that there is “good cause” for you to not return to custody.

After the hearings, the parole board may revoke parole, impose additional parole terms or keep you on parole in the same manner you were before.