In an administrative appeal, the inmate – usually through a attorney – asks the parole board to reconsider its ruling. The appeal is soley made in writing and is submitted to the members of the parole board who did not participate in the original hearing. Unsurprisingly, asking the rest of the board to overturn or alter a decision made by their fellow members is an uphill climb. Board members are unlikely to second-guess their co-workers. So chances for a successful administrative appeal are usually grim.
Only after an inmate's administrative appeal has been rejected can the imate then file an appeal in the courts. But the inmate soon faces another huge obstacle – Tha Appellate Division of the New Jersey Superior Court is very unwilling to overturn or alter a determination of a state agency, including the New Jersey Parole Board. Unless the Appellate Division finds a decision by the New Jersey Parole Board to be "arbitrary and capricious", the court is going to leave the determination made by the parole board untouched.
So the moral of this story is – inmates facing a parole hearing in New Jersey are well-advised to be apologetic. Any disputing of the inmate's original sentence is likely to make the board members feel that the inmate has not fully come to terms with his or her previous misdeeds and, thus, the panel will usually conclude that the individual is likely to commit another crime once he or she is out on the street. And since the administrative appeal process, as well as appeal to the Appellate Division of the New Jersey Superior Court, is unlikely to yield a new result, inmates should take care not to give off any indications during a hearing that they are anything but sorry.
If you seek representation regarding a Parole Board decision, call (973) 376-8585.