How can a lawyer help with parole violations?

How a Lawyer Can Help with Parole Violations

Being accused of violating parole can be scary. Even minor infractions could send you back to jail. Having an experienced lawyer in your corner makes a huge difference.

A parole violation attorney understands the system. They know the laws and procedures inside-out. More importantly, they know how to advocate for you effectively.

This article explains common parole violations, penalties, and defenses. You’ll also learn exactly how a lawyer can help at every stage.

What is Parole?

First, what exactly is parole? Parole is when a person is released from prison before completing their full sentence. It allows them to serve part of their remaining sentence in the community, under supervision.

Parole has strict rules that must be followed. Common conditions include:

• Regular meetings with a parole officer
• Drug testing
• Maintaining employment
• Obeying all laws
• Not associating with other felons
• Complying with curfew
• Staying within geographic limits

If any rules are broken, it’s considered a parole violation. The parole board can revoke your release and send you back to prison.

Common Parole Violations

There are two main categories of parole violations:

Technical Violations

Technical violations are breaking the administrative rules or conditions of parole. Examples include:

• Missing a meeting with your parole officer
• Failing a drug test
• Not maintaining employment
• Being late for curfew
• Leaving the geographic area

These violations don’t involve breaking the law per se. But they still demonstrate that you’re not complying with parole requirements.

Criminal Violations

Criminal violations are new crimes committed while on parole. For example:

• DUI
• Theft
• Assault
• Drug possession

Being convicted of a new felony is one of the worst parole violations. In many states, it’s grounds for automatic revocation.

Penalties for Parole Violations

The penalties for violating parole depend on the severity and circumstances. They can include:

• Verbal or Written Warning – Minor first-time violations may just get a warning. But more serious or repeat issues lead to stricter penalties.
• Increased Drug Testing/Meetings – For things like failed drug tests, you may need to report more frequently for testing or meetings.
• Curfew Restrictions – Your parole officer can impose an earlier curfew if you’ve violated curfew conditions.
• House Arrest – This restricts you to your home except for pre-approved reasons like work.
• GPS Monitoring – Parole officers use ankle monitors to track your location and movements.
• Jail Time – You may spend up to 6 months in county jail for parole violations.
• Parole Revocation – This returns you to state prison to complete your original sentence.

Jail time and revocation are more likely for serious or repeat criminal violations. Technical violations generally lead to less severe penalties. But it depends on your history and the discretion of the parole board.

Parole Revocation Process

Here is the typical process if the parole board seeks to revoke your parole:

1. Detention and Hearing – If you’re accused of violating parole, you’ll be detained pending a hearing. This must happen within a reasonable time, often 15 days.
2. Preliminary Hearing – This hearing determines if there is probable cause you violated parole conditions. If so, the board can revoke parole or chose lesser penalties.
3. Revocation Hearing – Here, the board considers evidence and decides if revocation is appropriate. You can contest violations and present defenses.
4. Return to Custody – If parole is revoked, you’ll be remanded into state prison to resume your sentence.

The board has discretion at each stage. With an attorney’s help, you may avoid revocation completely.

How a Lawyer Can Help

An experienced parole violation attorney is invaluable for several reasons:

Protecting Your Rights

Parolees have limited rights that are easily violated. Your lawyer ensures proper procedures are followed. For example, they’ll ensure:

• You get written notice of alleged violations
• Hearings occur promptly
• Only admissible evidence is used
• Your due process rights are upheld

Procedural violations could get the case dismissed.

Contesting Violations

Your attorney thoroughly investigates the alleged violations. They interview witnesses, gather evidence, and identify weaknesses in the state’s case. They can argue things like:

• You had a valid reason for missing curfew or a meeting
• The failed drug test was inaccurate
• You weren’t correctly identified by a witness

Casting doubt on the violations makes revocation less likely.

Presenting Defenses

Even if a violation occurred, there may be defenses that excuse it. For example:

• You relapsed due to inadequate treatment resources
• A medical condition or family emergency prevented compliance
• Confusion over complicated parole rules
• Non-willful violations due to cognitive impairments

A lawyer can also highlight mitigating factors like your progress since release, employment history, and family obligations.

Negotiating Alternatives

Rather than risk revocation, your lawyer may negotiate alternatives like:

• Increased drug testing or meetings
• Community service
• GPS monitoring
• Referral to counseling or outpatient treatment

Lesser penalties let you avoid jail and continue transitioning to the community.

Advocating at Hearings

Your lawyer represents you at preliminary and revocation hearings. They argue against revocation and for the least punitive sanctions. An experienced attorney knows how to navigate these hearings to achieve the best outcome.

Don’t Go it Alone

Being accused of violating parole is scary. Small mistakes could land you back in prison. The deck is stacked against parolees at revocation hearings.

Having an knowledgeable lawyer levels the playing field. They protect your rights, dispute allegations, and advocate for alternatives to revocation. Your chances of avoiding jail and continuing parole are vastly improved.

Don’t take chances with your freedom. Consult an attorney as soon as you’re accused of any parole violation.

The Bottom Line

Parole violations range from minor issues like missed meetings to serious new crimes. But any violation puts your conditional freedom at risk. An experienced parole revocation attorney is essential for protecting your rights and avoiding re-incarceration.

With legal guidance, you can contest weak allegations, raise defenses, and secure alternative sanctions. Your lawyer knows how to navigate the system and achieve the most favorable outcome.

Don’t go it alone against the parole board. Get an attorney in your corner and give yourself the best chance of staying out of prison.

References

California Parole Violations. CriminalDefenseLawyer.com.

Consequences of Violating Parole. Nolo.com.

CA Parole Violation Hearings. Shouse California Law Group.