Bergen County NJ Violation of Parole Lawyers Bergen County NJ Violation of Parole Attorneys in Hackensack Parole Violation

If you have been charged with a violation of parole, you should consider defending yourself by hiring a criminal defense lawyer, like Bergen County Parole Violation Defense Lawyer, Rafael Gomez. Mr. Gomez has defended many criminal defendants in Bergen County, Hudson County, Passaic County and Essex County. Some of these defendants have been charged with a P.V. by their parole officers unjustly. Sometimes charges for violating parole can stem from a new arrest, a new allegation of drug use, or drug charges, even domestic violence charges. It is important to know all your options when defending a charge that you have violated your conditions of parole. It could mean the difference between remaining free, "on the street"  or going back to prison. If you live in Hackensack, Garfield or Lodi in Bergen County, NJ or Union City, West New York, North Bergen, Jersey City, Weehawken, Secaucus, Nutley, Bayonne, Kearny or Harrison in Hudson County, NJ or Paterson, Passaic, Clifton, or Hawthorne in Passaic County, NJ or you live in Newark, Bloomfield, Belleville, Irvington, Orange, East Orange, or Montclair in Essex County, NJ, you should contact a lawyer who can defend a person accused of violating his/her conditions of parole in order to avoid being violated and being sent back to prison.

Pursuant to N.J. Stat. § 30:4-123.60 any parolee who has seriously or persistently violated the conditions of his/her parole can have his/her parole revoked and can be returned to custody.  The Board should be notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed an act which, if committed by an adult, would constitute a crime.  The Board should not revoke parole on the basis of new charges which have not resulted in a disposition at the trial level except that upon application by the prosecuting authority, the Juvenile Justice Commission when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety.  In such cases, a parolee should be informed that, if s/he testifies at the revocation proceedings, his/her testimony and the evidence derived should not be used against him/her in a subsequent criminal prosecution or delinquency adjudication.  Any parolee who is convicted of a crime or adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, committed while on parole will have his/her parole revoked and will be returned to custody unless the parolee demonstrates, by clear and convincing evidence at a hearing that good cause exists why s/he should not be returned to confinement[ii].

N.J. Stat. § 30:4-123.61 provides that if the parole officer assigned to supervise a parolee has probable cause to believe that the parolee has violated a condition of his/her parole, such violation not being a basis for return to custody the officer can require that the parolee appear before a designated representative of the Board for a review of the parolee’s adjustment.  If the Board’s designated representative finds that a parolee has violated a condition of his/her parole, such violation not being a basis for return to custody, the designated representative will subject the parolee to one or both of the actions.  A parolee or the parolee’s assigned parole officer should apply to the Board’s designated representative for modification of the conditions of parole.  Any action to modify the conditions of parole and any forfeiture of commutation time credits can be appealable to the appropriate Board panel, which may take appropriate action but need not conduct a hearing[iii].

N.J. Stat. § 30:4-123.76 provides that any inmate released who violates the conditions of parole will be required to serve in custody a term equal to twice the period by which parole was accelerated by virtue of a declaration of a correctional facilities overcrowding state of emergency and will not be eligible for any future acceleration.

Bergen County NJ Violation of Parole Lawyers Bergen County NJ Violation of Parole Attorneys in Hackensack Parole Violation