The Board Issues Warrants for Arrests of Parolees Show When a parolee has reportedly violated a condition of his release, a Board warrant may be issued for his arrest. If the alleged violation is absconding from community supervision, or if the parolee is otherwise not available to the Board for a hearing, a temporary revocation order may be issued. This order suspends the running of the sentence from the date of the order. Preliminary Hearing for Alleged Violator Determines Probable Cause A parolee arrested on a Board warrant for allegedly violating a parole condition is afforded a preliminary hearing within a reasonable time at or near the place of the alleged violation before a Board hearing officer not directly involved in the case. The purpose of the preliminary hearing is to determine whether there is probable cause to believe the parolee violated a parole condition and whether he should be held under arrest pending the Board's decision on revocation. A preliminary hearing is not required if the parolee is not under arrest on a Board warrant, has absconded from supervision, has signed a waiver of preliminary hearing, has admitted any alleged violation to any Board representative in the presence of a third party who is not a Board employee, or has been convicted of any new crime in a Georgia court, a court of another state, or a Federal court. The parolee is given written notice of the preliminary hearing, allowing reasonable time to prepare his case. The parolee may retain counsel to represent him at the preliminary hearing. The parolee may present witnesses and documentary evidence in his own behalf, and he may cross-examine adverse witnesses unless the hearing officer determines that a witness would be subjected to risk of harm if his identity were disclosed. The parolee is invited to make statements and answer questions but is not required to do so. The hearing officer may issue subpoenas to compel the attendance of witnesses who are residents of the county of the alleged violation. He may also issue subpoenas for the production of documents or other written evidence at the hearing. After the preliminary hearing, the hearing officer submits to the Board a written report on the testimony, on his findings, and on any decision to release the parolee on his personal recognizance. The Board then ratifies or overrules the hearing officer's findings, including any decision to release, and decides whether to hold a final hearing. Board Conducts Final Hearings for Alleged Violators A parolee charged with violating a parole condition is afforded a final hearing within a reasonable time before the Board. The purpose of the final hearing is to determine whether the parolee has violated a parole condition and whether the violation warrants parole revocation. The parolee is given written notice of the final hearing, allowing reasonable time to prepare his case. At the final hearing, the parolee has the same rights a parolee has at a preliminary hearing as specified above. The Board may subpoena witnesses from throughout Georgia to appear at the final hearing and may issue subpoenas for the production of documents or other written evidence at the hearing. After the final hearing the Board decides by majority vote whether to continue or revoke parole. No Final Hearing Needed for Some Violators A final hearing is not required if the parolee, free on his personal recognizance, fails to appear at his final hearing. The Board may summarily revoke his parole. A final hearing is not required if the parolee has admitted the violation and signed a waiver of final hearing. A final hearing is not permitted and revocation is mandatory by law if the parolee is sentenced by a Federal Court or a Georgia State or Superior Court to a term of imprisonment, including one reduced to time served, for any felony crime, or for a state misdemeanor involving physical injury to another, which the parolee committed during his parole term.
By John Devendorf, Esq. Last updated May 04, 2021 When serving jail time, you may be eligible for parole, allowing you to get out early. This can be a great relief, but parole comes with a lot of conditions. For months or years, you will need to check in with your parole officer, be open for random searches and drug tests, and face limits on where you can go. Violating the terms of your parole can land you back in jail to serve out the remainder of your original sentence. Even a minor violation can put you at risk of re-imprisonment. If you have a parole violation hearing, talk to an experienced criminal defense lawyer for legal advice. The Most Common Parole ViolationsAny parole violation may lead to a warning, increased restrictions, or revocation of your parole, sending you back to jail. Some of the most common parole violations include:
Some of the more common offenses that lead to parole violations include drug crimes and substance abuse charges. If you are dealing with substance abuse and addiction, release to the same environment can expose you to the same problems. Substance abuse or alcohol may lead to a failed drug test, missing a test because the parolee knows they will likely fail, or committing a new crime to get money. Technical Violations and Minor ViolationsOne of the biggest problems for individuals released on parole is that a very minor violation can be enough to send them back to jail. Sending you back to prison for a technical offense can cost taxpayers and erase the progress you made in trying to get your life back on track. This is one reason it is important to have good legal representation even for minor violations. Minor violations may include:
There are innocent reasons why a parolee could violate parole. Many individuals have to rely on public transportation, and missing the bus, traffic, or a change in service routes could result in being too late for an appointment for missing curfew. Failing a drug or alcohol test may have been due to a contaminated test, a false positive, or medication or food that showed a positive result. Minor violations should not result in sending you back to prison after you started to get your life back together. What Happens After a Parole Violation?The parole board or courts can take back parole after granting it. That means returning to prison to continue your sentence. The parole officer may make the initial decision after a violation to refer you for a preliminary hearing. If the board finds probable cause that you violated the terms, you will have a parole revocation hearing. Under due process, you are eligible to have legal representation at a parole revocation hearing. Your lawyer can represent you at the hearing before the parole board. Your attorney may challenge the evidence to show doubt that there was a violation, or provide a reasonable cause for the violation that was unavoidable or innocent. After hearing the evidence and testimony, the parole board can decide to:
If the parole board revokes parole, you may still be able to file an appeal. There may be limited grounds to file an appeal, so talk to your criminal defense attorney for help. Criminal Defense Attorney Help After a Parole ViolationIf you are concerned about the terms of your parole, you may be able to petition the court to change the terms. The court may be more willing to relax the restrictions after you serve a certain amount of your parole without any problems. You may also be able to get permission from your parole officer or the court to travel outside the state. If your parole officer claims you are violating your parole conditions, it's important to consult with an attorney who has experience handling cases like yours. Do not count on being able to talk your way out of a violation. It is important to have an advocate who knows how this process works in your corner to protect your rights and best interests.
 In Pennsylvania, parole is a conditional release, meaning certain offenders are allowed to serve the remainder of their jail sentence out in the community if they abide by certain conditions. While anyone who has served the minimum of their sentence can get parole, it is considered a privilege and not a right. As a result, if parole conditions are violated at any time, you may face very serious consequences. What Constitutes a Parole Violation? There are two types of parole violations: convicted and technical. Convicted violators break their terms by committing a new crime, while a technical violator has violated any term of their parole without committing an additional offense. Examples of technical violations include, but are not limited to:
While the consequences of a convicted violation and a technical violation will differ, any type of parole violation can potentially lead to having to serve out the remainder of your sentence in jail. I Violated My Probation – Now What? You may receive a warning from your parole officer—this is the best case scenario. If the parole officer deems the violation too serious for a warning, they may require that you appear in court. In the court hearing, your parole officer will request a consequence, which may include jail time. If you are found guilty of violating your parole, sentencing will occur shortly after the hearing in which the court may decide to extend your probation, require you to serve brief jail time, or revoke your probation privileges all together. Other consequences include, but are not limited to:
These consequences will be affected by the severity of your violation, the frequency of your violations, and as well as various other factors pertaining to your criminal history (whether you’re a “first-time” or “repeat” offender, etc.). If you’ve violated your parole conditions, having experienced, knowledgeable representation is very important in fighting to minimize your consequences. Your counsel is allowed to aid you throughout all court processes and hearings you may undergo while facing a parole violation. To speak with our parole violation lawyers in Philadelphia and make sure your rights are protected, contact us today. |
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