what can my lawyer do if it shows parole violation and i've never been to prison

by Kellen Littel 5 min read

What happens if you violate your parole for the first time?

Aug 30, 2017 · Request a parole revocation hearing because, once a parole violation is entered onto your record, getting parole will be much more difficult when you’re eligible next time. You must choose to fight with the help of an experienced parole violation attorney at your side: Don’t give away your freedom. Don’t waive your rights.

When to appoint a parolee lawyer for a parole violation?

Feb 25, 2019 · Parole Violation. Parole is a conditional release from prison before the end of your sentence term is completed. When you’re on parole, you’re still under sentencing but serving the time outside of confinement. Any parole violation can result in your returning to jail. It’s not unusual to hear people use the terms parole and probation ...

Can a parolee present evidence in court?

May 30, 2021 · Penalties for violation can include from 15 to 45 days in prison, depending on whether or not it’s a first offense, and the severity of the violation. Parole violations work much the same. Violating any of the conditions of your parole can make you subject to revocation of your parole and re-incarceration. What’s a technical probation ...

What should I do if I'm facing a parole revocation hearing?

How long can they hold you in jail for a parole violation in New York?

Currently, people suspecting of violating parole can be immediately jailed for up to 105 days while awaiting hearings. The new law speeds up the hearing timeline. Courts must use “least restrictive” means to ensure people appear, though they could detain people with proven “substantial risk” of refusing to show up.Sep 17, 2021

What is one of the most frequent violations for which probation or parole revocation occurs?

The most frequent violations for which revocation occurs are (1) failure to report as required to a parole or probation officer; (2) failure to participate in a stipulated treatment program, and (3) alcohol or drug abuse while under supervision. • California has authorized nonrevocable parole.

What happens when you violate parole in Michigan?

Serious violations of parole conditions, such as committing a crime, will result in the parolee being sent back to jail. For less serious violations, the department of corrections may set a longer parole term or put in place stricter conditions.

What happens when you violate parole in Ohio?

Any violation of your parole terms creates the possibility that you will be sent back to jail or prison. Ohio law provides that any parole violation means you may be arrested without an arrest warrant by any parole officer. That being said, parole violations can be met with a range of responses from parole officers.

What will happen if a parolee violates the condition of parole?

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE? The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence.

What is the most common reason for revocation of parole?

Most frequent violations for which revocation occurs include: Failure to report as required. Failure to participate in treatment programs. Alcohol or drug abuse while under supervision.

How Does parole Work in Michigan?

The parole decision is made by majority vote of a three member panel of the Board. If granted a parole, the prisoner is allowed to return to the community under the supervision of a Parole Agent for a specified term. The release is conditioned upon the parolee's compliance with terms set by the Parole Board.

What are the rules of parole in Michigan?

There are general conditions of parole which require the parolee to report regularly to the parole agent, prohibit travel out of state without the agent's permission, require the parolee to maintain employment, to obey the law, to submit to drug and alcohol testing at the agent's request, and to reside at an approved ...

What happens if you violate probation in Michigan?

(a) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a misdemeanor: (i) For a first violation, jail incarceration for not more than 5 days. (ii) For a second violation, jail incarceration for not more than 10 days.

How do I report a parole violation in Ohio?

Please contact the Ohio Parole Board at 614-752-1200 or toll-free at 1-888-344-1441.

Can you appeal a parole board decision in Ohio?

File an appeal with the Parole Hearing Officers' Division or the equivalent office in your state. New evidence about your guilt, evidence of misconduct by the hearing's official or evidence of significant procedural errors during your hearing may constitute reasons for the appeal of a parole decision.

What is a revocation hearing?

A revocation hearing is a court hearing before a judge in which the judge decides whether to revoke your probation or your parole. If you are revoked, you face serious jail time.Jun 28, 2018

What are the penalties for violating probation in Maryland?

First violation -- no more than 15 days in jail. Second violations - no more than 30 days ...More

What are some examples of probation violations?

Common examples of violating probation include failing to do the following: Show up regularly for meeting with a probation officer, completing comm...

What happens if I violate the terms of probation or parole?

Probation violations are treated as a civil matter and not a criminal one. You will have a hearing with a judge, who will make a ...More

What’s a technical probation violation?

Technical violation of probation include things like minor traffic offenses, going late to any meetings you might have ...More

What happens when I complete probation?

You’ll be informed of the end date of your probation during sentencing. If you have violated the terms of your probation at any point, ...More

What happens if you violate parole?

A single violation of parole can result in returning the violator to jail or prison: If the hearing officer finds the hearing officer didn’t meet the burden of proof, he or she enters a “no finding of a preponderance of credible evidence.”. This finding is like a not guilty verdict in a criminal case.

What is parole violation?

Parole violation may mean harsh penalties, such as a significant fine, extended probation term, jail or prison time, or more. In general, parole violation happens if you refuse, ignore, avoid, or break the conditions and terms established when parole is granted.

What is due process in parole?

This means you have the right to a hearing, hear evidence presented against you, and the right to defend yourself.

What does a parole hearing officer do?

The hearing officer then reviews each alleged violation of parole. The parolee is provided the opportunity to deny or admit any parole violation.

How long does it take for parole to be revoked?

The parolee is then advised about the conclusion and why the board reached it: If the parole board moves to revoke parole, the parolee has 60 days from the decision date to ask for a reopening of the hearing.

Can parole be revoked?

At that point, the hearing officer recommends that parole should not be revoked. If the hearing officer finds that credible evidence shows the parolee violated one or more conditions of parole, the hearing proceeds to the adjustment phase. At that point, both sides present evidence concerning the parolee’s performance and compliance to date.

Do parolees live in fear?

Some parolees live in fear of violating any of the conditions of their parole. Some conditions are quite easily violated and, at a parole revocation hearing, the burden of proof is lower than proving the individual is guilty of a crime.

What happens if you are found guilty of parole violation?

If you are found guilty of a parole violation, the court has the option of imposing various penalties. The choice will depend on the particular parole conditions you disobeyed and any previous violations. Penalties can include: Thank you for subscribing!

What happens if you don't comply with parole?

Failure to comply with parole conditions is serious business and could result in being sent back to prison. If you’ve been charged with a parole violation, don't waste a moment before speaking with an experienced lawyer who knows the ropes and will fight for your rights.

What are the penalties for parole violations?

Penalties for a Parole Violation 1 Arrest Warrant: A warrant may be issued for your arrest. 2 Revocation: Your parole may be revoked, and you may be returned to prison for the remainder of the original sentence. 3 Increased Term of Parole: You may be ordered to spend additional time on parole. However, the length of parole cannot be extended beyond the term of your original sentence. 4 Fines: In some circumstances, a fine may be imposed for a parole violation. 5 Criminal Charges: If you commit a new crime while on parole, you will likely violate your parole and also be prosecuted for the additional crime.

What are the conditions of release for parole?

If the Parole Commission decides to grant parole, you are given conditions of release you must comply with to remain out of prison. Conditions of release often include general terms such as obey all law, and terms specific to your offense, such as don’t abuse alcohol.

What is parole hearing?

A person on parole (known as a parolee) is entitled to a hearing on any alleged parole violation. Before parole can be suspended or revoked, there must be “good cause” to believe that the person violated the terms of parole.

What happens if you are out of custody?

If out of custody, a parolee is given written notice of the preliminary hearing and receives reasonable time to prepare a defense. Witnesses and documentary evidence may be presented, and witnesses cross-examined. The parolee can make statements and answer questions but is not required to do so.

What is the purpose of a final hearing?

If probable cause is established, a final hearing is held to determine whether the parolee violated a parole condition and if it warrants parole revocation. The hearing process operates like the preliminary hearing, except that the Parole Board decides by majority vote whether to continue or revoke parole.

What to do if you are revocation of parole?

If you are facing a parole revocation, get in touch with the local public defender or a private defense attorney right away. An experienced criminal defense attorney in your state will understand the workings of the state's parole authority, including the process for representing parolees facing revocation hearings.

What is parole in prison?

master:2021-07-14_10-45-33. Parole is the early release of a prisoner sent to state prison, following a conviction for a felony. Parole can happen when the prisoner's sentence is a range of time, called an "indeterminate sentence," such as two to four years. When a sentence is "determinate" (such as "five years"), ...

What are the rights of parolees?

The United States Supreme Court has ruled that the following due process rights must be afforded parolees at a revocation hearing, held by a detached and neutral board: 1 The parolee must get written notice of the claimed violations 2 The board must disclose the evidence against the parolee. 3 Parolees must be given an opportunity to present witnesses and documentary evidence and to be heard in person. 4 The parolee must be given the opportunity to confront and cross-examine witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation). 5 The board must issue a written statement noting the evidence relied on and its reasons for revoking parole.

What are some examples of parole?

Examples include regularly meeting with or contacting his parole officer, refraining from committing any crimes, avoiding the company of known criminals or gangs, and other conditions meant to keep the parolee out of trouble.

Can a parolee be sent back to prison?

If a condition of parole is legitimate, its violation by a parolee can result in the parolee being sent back to prison (parole revocation) to serve all or some of the balance of his original sentence. First, however, the parolee must be given notice of the claimed violation, a preliminary hearing to determine whether there is probable cause ...

Parole Violations

  • Parole violations fall into two broad categories – substantive and technical violations. A substantive violation means you have been charged with committing a new crime. A technical violation refers to things such as missing an appointment with your parole officer, failing to com…
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Do I Need A Lawyer For A Violation?

  • Although the Public Safety Act of 2016 makes it less likely that you will automatically be returned to prison for a parole violation, it remains in your best interest to have an experienced attorney on your side if you are notified of a violation. Violations are scheduled in front of the Parole Board for a hearing. Regardless of how insignificant you think the violation is, having an experienced attor…
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Contact A Murfreesboro Parole Violation Lawyer

  • If you are concerned about a parole violation in Tennessee, it is in your best interests to consult with an experienced Murfreesboro parole violation lawyer at Bennett & Michael as soon as possible. Contact the team today by calling 615-898-1560to schedule your appointment.
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When Is Parole Granted?

  • Historically, parole boards granted release when they were satisfied that the prisoner had reformed and no longer posed a threat to society. In the days when this approach was popular, incarceration was seen as a way to reform criminals and turn them into law-abiding citizens. But starting in the 1970's, the aim of punishment changed to one of retribution (an eye for an eye), r…
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Conditions of Parole

  • When a prisoner is released on parole, he is bound to comply with many conditions, as long as they are reasonable, aimed toward rehabilitation, and sufficiently clear. Examples include regularly meeting with or contacting his parole officer, refraining from committing any crimes, avoiding the company of known criminals or gangs, and other conditions meant to keep the parolee out of tro…
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Parole Violations and Revocations

  • If a condition of parole is legitimate, its violation by a parolee can result in the parolee being sent back to prison (parole revocation) to serve all or some of the balance of his original sentence. First, however, the parolee must be given notice of the claimed violation, a preliminary hearing to determine whether there is probable cause to believe a violation has occurred, and a final hearin…
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Due Process Requirements For Revocation Hearings

  • The United States Supreme Court has ruled that the following due process rights must be afforded parolees at a revocation hearing, held by a detached and neutral board: 1. The parolee must get written notice of the claimed violations 2. The board must disclose the evidence against the parolee. 3. Parolees must be given an opportunity to present witnesses and documentary evi…
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Right to Counsel?

  • The United States Supreme Court has not ruled that every parolee must be represented by counsel if the parolee so desires. However, some state constitutions so provide, and some state statutes also require representation. When no state constitution or statute applies, the question of appointed counsel must be decided by the parole board on a case-by-case basis. Counsel shoul…
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Getting Legal Help with Parole Revocations

  • If you are facing a parole revocation, get in touch with the local public defender or a private defense attorney right away. An experienced criminal defense attorney in your state will understand the workings of the state's parole authority, including the process for representing parolees facing revocation hearings.
See more on criminaldefenselawyer.com