Parole is a critical aspect of the criminal justice system, allowing offenders to reintegrate into society under supervision after serving part of their prison sentence. However, parole comes with strict conditions that parolees must adhere to. A criminal attorney can guide you through this process. Failing to meet these conditions can lead to parole violations, which carry severe consequences.
What Constitutes A Parole Violation?
Parole violations can be categorized into two main types: technical violations and new criminal offenses.
- Technical Violations: These occur when a parolee fails to comply with the specific conditions set by the parole board. Common technical violations include:
- Failing to report to a parole officer as scheduled
- Violating curfew restrictions as a motorcycle accident lawyer has seen in their legal cases before which led to injury based accidents
- Testing positive for drug or alcohol use
- Leaving the designated area without permission
- Failing to attend mandated counseling or treatment programs
- New Criminal Offenses: Committing a new crime while on parole constitutes a violation and often results in more severe penalties. This type of violation not only breaches parole conditions but also introduces new criminal charges.
The Parole Violation Process
When a parole officer suspects a violation, they may initiate an investigation. If evidence supports the suspicion, the parolee is typically subjected to a preliminary hearing. This hearing determines whether there is probable cause to believe a violation occurred. If probable cause is found, a revocation hearing follows as our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law can share.
Revocation Hearing
During the revocation hearing, the parolee has the right to:
- Be represented by an attorney
- Present evidence and witnesses
- Cross-examine witnesses presented by the state
The hearing officer evaluates the evidence to decide whether the parole should be revoked. If the violation is minor, the parolee might receive a warning or additional conditions might be imposed. For more serious violations, the parole may be revoked, leading to the parolee returning to prison to serve the remainder of their original sentence.
Consequences Of Parole Violations
The consequences of parole violations vary depending on the severity and nature of the violation:
- Reprimand and Reinforcement: For minor technical violations, the parolee may receive a reprimand. This often involves a warning and a reiteration of the parole conditions.
- Intensive Supervision: Increased monitoring, more frequent check-ins, and stricter conditions may be imposed.
- Incarceration: For serious violations or repeated offenses, parolees can be returned to prison. The length of re-incarceration depends on the original sentence and the specifics of the violation.
Avoiding Parole Violations
To avoid violating parole, it’s crucial for parolees to understand and strictly adhere to all conditions set forth by the parole board. Key strategies include:
- Regular Communication: Maintaining open and regular communication with the parole officer helps in addressing any issues proactively.
- Compliance with Conditions: Adhering to curfews, attending mandated programs, and avoiding prohibited substances are fundamental.
- Seeking Support: Engaging with community resources, support groups, and counseling services can provide additional guidance and assistance.
Legal Assistance For Parole Violations
Parolees facing allegations of violations should seek legal assistance immediately. An experienced criminal defense attorney can help navigate the complexities of the parole system, represent the parolee during hearings, and work to mitigate the consequences of the alleged violation.
Parole is an opportunity for rehabilitation and reintegration, but it comes with stringent conditions. Understanding what constitutes a parole violation and the potential consequences is vital for parolees. Compliance with parole conditions, regular communication with parole officers, and seeking legal advice when needed are essential steps to successfully complete parole and avoid re-incarceration. If you run into parole issues, contact an attorney near you for help.
