Probation and parole may be alternatives to being put behind bars in a state or local correctional institution. However, these legal terms cannot be used interchangeably. In New Jersey, probation is generally ordered in place of jail or prison time, while parole allows someone serving a sentence the opportunity for early conditional release. Continue reading to learn the key difference between the two and how an experienced Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid violating either order.
What Is The Key Difference Between Probation And Parole?
Probation and parole are both forms of supervised release, but they are applied at different stages in the criminal case. Probation is generally ordered in place of incarceration, while parole is granted after serving a portion of the sentence.
Probation vs. Parole
- Probation:
- Ordered in place of jail or prison
- Imposed by a judge at the time of sentencing
- May apply for first-time or low-level offenders
- Parole:
- Granted, after an offender has served a portion of their sentence
- Granted by a parole board after review
- Requires time already served in custody
In other words, probation may replace the time you need to serve away from the community, while parole may shorten it.
What Is Probation in New Jersey?
Probation is a type of supervision and reform system ordered in place of a jail or prison sentence. The New Jersey criminal court may grant you this privilege if this is only your first-time criminal offense or if you were found guilty of a lower-level criminal offense (i.e., a fourth-degree crime or disorderly persons offense). Those on probation must adhere to strict statutory terms and conditions.
What Probation Generally Requires
- Regular check-ins with a probation officer
- Random drug and alcohol testing
- Mandatory use of a GPS ankle monitor in some cases
- Compliance with court-imposed terms and conditions
- Travel and relocation restrictions
- Steady employment
- Attendance at counseling or education programs
What Is Parole in New Jersey?
Parole is similarly a supervision and reform system. The court may order parole only after serving a part of your sentence at a state or local correctional institution. This allows for the early release back into the community under strict supervision.
How Parole Works
- Granted, after serving a portion of the jail or prison sentence
- Based on factors like good behavior and the progress of rehabilitation
- Requires supervision by a parole officer
- Includes strict terms and conditions similar to probation
- Focuses on reintegration into the community
Can You Get Probation and Parole in the Same Case in New Jersey?
In some cases, you may be eligible for both parole and probation as a sentence for the same offense. Essentially, this is referred to as a “split sentence,” as it entails serving time in custody followed by a period of probation.
Split Sentence Scenarios
- Serving a short jail sentence followed by probation
- Transitioning from incarceration into supervised release
- Receiving probation following a custodial sentence
What Happens if You Violate Probation or Parole in Morris County?
Even though a key difference exists between probation and parole, the consequences of violating these orders may be the same in Morris County, or across New Jersey, for that matter. Violations for both parole and probation violations can lead to the imposition of additional, stricter penalties or an arrest.
Consequences of a Violation
- Immediate arrest if a violation is suspected
- Detention, pending a formal revocation hearing
- Reinstatement of your original jail or prison sentence
- Return to custody without the possibility of future parole
- Stricter conditions moving forward
How Can You Be Granted Probation or Parole in New Jersey?
The process for obtaining probation or parole in Morris County will depend not only on your eligibility for these forms of alternative sentencing, but also on where your case is in the criminal justice system.
Qualifying for Probation
- Typically granted for first-time or low-level offenders
- May be granted by completing pre-trial intervention programs
- Requires showing low risk to the community
- Courts will consider criminal history and the severity of the offense when making a decision
How to Qualify for Parole
- Must already be serving a custodial sentence
- Requires completion of a portion of the sentence
- May involve participation in rehabilitation programs
- Undergoes a full review by the New Jersey State Parole Board
Contact an Experienced Morris County Criminal Defense Attorney
So, if you have been accused of a probation or parole violation, what is best for you is likely strong legal representation from a skilled Morristown criminal defense lawyer. Someone at Graves Andrews, LLC is looking forward to your phone call. Contact us today to learn how we can assist you.