Parole Violations

Parole is part of a criminal sentence which is served by the criminal defendant while living in public.  Parole occurs after a criminal defendant has served a prison term and has demonstrated eligibility for parole.  Generally, parole will be granted to a defendant if the defendant has demonstrated three key elements:

1) the defendant had demonstrated adherence to the prison’s rules and regulations while imprisoned;
2) the defendant’s release would not minimize the seriousness of the crime; and
3) the defendant’s release would not pose a threat to the public.

Violating Parole

Parole violations usually involve not following parole procedures which are mandatory requirements to be fulfilled by the parolee or committing additional crimes while on parole.  The following list constitutes common parole violations:

• failure to report to a parole officer
• failure to report a change of address to a parole officer
• committing a crime

Parole Procedures and Orders

When one is released on parole, it is crucial to adhere to parole procedures; failure to do so can result in the immediate return to prison and revocation of the parole.  Initially, when one applies for parole, there is a parole hearing.  At the parole hearing, the defendant is given the opportunity to indicate why parole is appropriate.  Usually, there is a parole commission which reviews the matter and makes a recommendation to a hearing examiner. The examiner makes the parole sentencing.  If parole is granted, a “release plan” is established, which requires the parolee to have an address and a verified offer of employment. Additionally, the parolee must check in with a parole officer periodically.  Failure to follow the release plan may result in a parole violation (which is different than a probation violation) and frequently leads to the parolee going back to prison to serve out the remaining sentence.

Getting Legal Help 

If one has been charged with violating the terms of parole, one can be taken into custody pending a hearing in order to determine whether one can remain on parole or whether one has to return to prison.  Such a decision has a significant impact on one’s freedom and therefore, one should obtain the services of an experienced criminal defense attorney immediately.  An experienced attorney can help to resolve the matter quickly and work to keep one from returning to prison.