Parole Violation Lawyers

What is Parole?

Parole is the supervised release of a convicted criminal defendant after he has completed part of the prison sentence, based on the concept that the criminal can prove he is rehabilitated when released.

Parole generally has a specific period and terms such as: 

• Reporting to a parole officer
• Not associating with other ex-convicts
• Staying within certain geographic limits
• Generally staying out of trouble 

What Happens if Parole is Violated?

Violation of parole terms may result in revocation of parole and a return to prison to complete the sentence. A parole officer reports any violation to the Parole Commission and the Commissioner determines the appropriate sanctions, which can include:

• Imposing a fine
• Issuance of an arrest warrant
• Summons to appear at a hearing

Preliminary Hearing for Parole Violations

Depending on how parole is violated, the parolee (person on parole) may be taken into custody or summonsed to appear at a preliminary hearing. Failure to appear at any hearing warrants the Commission to revoke parole.

The hearing is scheduled within a reasonable time at or near the place of the alleged violation before an examiner or parole officer. This hearing is to determine whether the parolee should be held in custody pending a revocation hearing or be reinstated to supervision.

Charge of Parole Violation

A parolee charged with a parole violation is given an opportunity to be before the Commission in a final hearing (unless the parolee is convicted of a new offense, in which case parole is revoked without a hearing). At this final hearing, the Commission decides whether to continue or revoke parole.

If the parolee was convicted of a new offense while on parole, he is not entitled to a preliminary interview since the offense is evidence that parole has been violated.

Do I Need the Assistance of a Lawyer if I’m on Parole?

A criminal defense lawyer can advise you of your rights so that you stay within the terms of your parole. If you are being charged with a parole violation, a lawyer can prepare your case, represent you at your interview and hearings, and present witnesses and evidence to establish your case.