Can New Jersey revoke parole due to a pending criminal charge?

On Behalf of | Jan 18, 2023 | Criminal Defense

After you serve out a New Jersey prison sentence, you may wind up on parole, which grants you conditional freedom for a set time, provided you follow the terms of your parole agreement. You need to tread carefully while on parole, because violating its terms may lead to more time in prison, among other possible penalties.

You, like many others on parole, may question what happens if you wind up facing a new criminal charge after the state releases you on parole. Per the State of New Jersey, a pending criminal charge, alone, is typically not enough to automatically revoke your parole. However, if certain circumstances come to be, it may lead to the revocation of your parole.

When the parole board may revoke parole

The only way the state’s parole board may revoke parole is if it receives a direct request to do so from either the prosecutor presiding over your case or the director of the division of parole. If either party makes such a request, then a board panel then decides if your action merits the issue of a warrant and your subsequent detainment. The board panel also decides if you must take part in a revocation hearing. If so, then someone needs to furnish “clear and convincing evidence” that you committed the offense in question before revoking your parole.

When the parole board may not revoke parole

Unless the prosecutor or director of the division of parole makes a formal request to revoke your parole due to a pending criminal charge, your parole terms should stand.

If you do wind up having to participate in a parole hearing, the hearing usually takes place within two weeks of the date of your arrest.