Probation and parole are two distinct concepts in criminal law, but they share many similarities. For this reason, people are often confused about which they are on and which they are eligible for. Simply put, probation is a punishment used instead of jail time, and parole is supervised early release from prison.
Probation begins immediately after you are sentenced, and you must adhere to the conditions right away. Probation and parole often prohibit many of the same things, such as drinking alcohol or using drugs and contacting witnesses involved in the case, while also requiring regular check-ins with probation or parole officers. And, though they differ slightly, there are consequences for both probation and parole violations in New Jersey.
For help with your case from the New Jersey criminal defense attorneys at the Law Offices of John J. Zarych, call (609) 616-4956 today.
What Are the Differences Between Probation and Parole in New Jersey?
Our lawyers can explain the differences between probation and parole to defendants so they know what is currently relevant to their criminal case in New Jersey.
Purpose
Probation is a supervision system used in place of imprisonment to punish crime. When defendants are placed on probation, they are not locked up, but they are not “free,” either. Instead, they are usually assigned a “probation officer,” who supervises their behavior for a set period.
Comparatively, parole is a supervised release from prison after an individual has served some of their prison sentence. Usually, parole is based on good behavior during your prison sentence, which can get you out faster.
Who Decides
The sentencing judge gets to decide whether or not you get probation instead of having to serve any prison time. While the judge may take the prosecution’s recommendations under consideration when sentencing the defendant, the prosecution cannot ensure probation, even if they supposedly promise it to you as part of a plea deal.
The sentencing judge has some important decisions regarding your eligibility for parole. When the judge sentences you to a term of imprisonment, the judge may impose certain limits on your ability to ever qualify for parole. Ultimately, the decision on whether or not an inmate is granted parole is left to the New Jersey State Parole Board, not the sentencing judge.
Commencement
Probation begins directly after sentencing, and our New Jersey criminal defense attorneys can ensure you understand the conditions of your probation so you don’t unintentionally violate it and risk additional consequences.
Parole begins after an individual has served a portion of their prison sentence, has become eligible for parole, and has been granted parole.
What Are the Similarities Between Probation and Parole in New Jersey?
The similarities between probation and parole explain why they’re so often confused. Each comes with strict conditions that individuals must follow, or risk additional consequences.
Strict Conditions
The following are just some of the many different requirements that may be imposed on people sentenced to probation in New Jersey:
- Scheduled drug and alcohol testing
- Random drug and alcohol testing
- Attend drug or alcohol rehabilitation
- Wear a GPS ankle monitor
- In-person or phone check-ins with a probation officer
- A requirement not to commit further crimes
- Stay at a halfway house or group home
- Inability to drive
- Inability to leave the state
- Report your current home address
- Report your current job status
- Inability to use certain technology
There are plenty of other penalties that someone on probation may face, depending on the defendant’s specific needs and the alleged crime.
Similar supervision requirements are usually in place for parole, as well, and there’s often considerable overlap. This means checking in with a parole officer and following other rules.
Consequences for Violations
Probation is sometimes called a “suspended sentence.” When a judge sentences the defendant to probation, they usually sentence them to some jail or prison term and “suspend” that sentence. If the defendant completes their probation without issue, the prison sentence is never activated and goes away. However, the prison or jail sentence can be reactivated and imposed if the defendant violates the terms of probation.
If any of the terms of probation are violated, the defendant is arrested and often sent back to jail. Many times, this process is automatic. Probation officers have the authority to re-arrest the defendant if they learn of a probation violation. The defendant is usually brought before a judge, who issues an order to return the defendant to jail.
Violating your parole means you risk being arrested and sent back to prison to serve the remainder of your sentence. While the consequences aren’t identical for probation and parole violations, they are similarly detrimental.
What Crimes Can You Get Probation For?
Often, when you are charged with a crime, the possible penalties are listed as ranges of jail or prison sentences, along with high fines. For instance, a crime of the fourth degree (like some forms of marijuana possession) in New Jersey has a potential punishment of up to 18 months in prison and fines up to $10,000. Since the penalty is “up to” 18 months in prison, you could technically receive less than that as a punishment, potentially even probation.
Low-Level Offenses
A crime of the fourth degree is the lowest level of crime in New Jersey, aside from “disorderly persons offenses.” These lower-level crimes are the perfect opportunity for a court to sentence defendants to probation instead of jail or prison.
First-Time Drug Offenses
Many times, rather than strictly to punish a defendant or get them off the street, probation is used to help reform criminals, especially first-time drug offenders. Many of the programs defendants may be ordered to attend are aimed at helping a defendant stop committing crimes, such as substance or alcohol abuse programs.
When Can You Get Parole in New Jersey?
Laws may have a minimum required term of imprisonment. For instance, sexual assault charges require at least 15 years to be served in prison. That means that if you are sentenced to 20 years in prison, you cannot seek parole during the first 15 years. The judge’s sentence, therefore, determines whether or not you will ever be eligible for parole.
If the law does not set a minimum, the judge might. Suppose you were convicted of a crime of the third degree for resisting arrest, for which the sentence must be between three and five years. The judge could order a sentence of three years and require that at least two of those years be served in prison.
This means after two years in prison, you become eligible for parole, and may spend the last year of your sentence on parole.
FAQs About Probation and Parole in New Jersey
Is Probation Guaranteed in a Plea Deal?
The prosecution cannot guarantee probation in a plea deal, and the judge can impose the harshest sentence for whatever charges you pled guilty to, regardless of the prosecution’s promises.
Can You Contest Terms of Your Probation or Parole?
Our lawyers can file a motion to modify the terms of your probation or parole if they are unfair, such as conditions that keep you away from your children or from certain shared locations, like your home or work.
How Soon Will You Be Eligible for Parole?
If there is a minimum sentence for your offense, you must serve that before you can be eligible for parole. The nature and severity of the offense also affect parole eligibility.
Do All Crimes Qualify for Parole?
Some crimes do not allow parole. The biggest example of this is in murder cases where the defendant is sentenced to “life without the possibility of parole.” Under these sentences, the defendant will usually not be eligible for parole, but there are sometimes ways around this.
How Often Do You Have to Report to Your Probation or Parole Officer?
Depending on the offense you pled guilty to or were convicted of, you may have to report to your probation or parole officer weekly to monthly. Reports may be more frequent right after an individual is released from prison on parole.
Can You Be Arrested for Violating Probation or Parole?
Probation and parole violations can, and often do, lead to immediate arrest in New Jersey. Common violations include failure to pass drug tests, failure to report to a probation or parole officer, and violating no-contact orders.
Call Our New Jersey Criminal Defense Attorneys Today
Call the Law Offices of John J. Zarych’s New Jersey criminal defense attorneys today at (609) 616-4956 for a free case discussion.
