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The filing of a parole violation by a parole officer results in the issuance of an arrest warrant for the parolee. Once arrested, the parolee is detained without bail.
All is not lost. The administrative code provides a parolee with procedural safeguards that can be aggressively enforced by competent counsel. A parolee, for example, is entitled to a probable cause hearing where the parole officer must establish probable cause to further detain the parolee. Beyond the probable cause hearing, the parole is entitled to a final revocation hearing where the parolee is accorded the rights of cross-examination and compulsory process to subpoena witnesses and present favorable evidence. Final revocation hearings are akin to trials. Enduring the rigors of this process without the guiding hand of aggressive counsel will certainly enhance one’s chances of being found guilty of the violation and being returned to prison.

Do not go at it alone.

Most fail to realize that the Bureau of Parole makes more decisions concerning liberty than jury’s return verdicts in New Jersey.

Once someone is sentenced to State Prison, it is the State Parole Board, not a judge or jury that decides when that person will be released on parole. Furthermore, once parole is granted, strict supervision rules are imposed. Any violation of these rules is often met with re-arrest and return to State Prison to serve the remainder of the unserved portion of the sentence. The Parole Board plays a vital role in affecting individual rights and liberties. The Parole Board does not, however, operate in a legal vacuum. Its decisions must comply with administrative regulations as well as certain constitutional principles. The Parole Board is not beyond the scrutiny of the courts.

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