Montgomery County Parole Violations Lawyer
After the government has initiated proceedings against you, the result may include parole. Parole is when the government conditionally releases a prisoner after that prisoner has served the minimum sentence requirement for the act of which the government found the prisoner guilty.
Parole is a privilege since the government allows the prisoner out of jail before the prisoner has served their full sentence. If the government has granted you parole, it means you are still under the supervision of the parole board.
If the parole board accuses you of violating some term of your parole, the board may argue you should be put back in prison. Sometimes there are misunderstandings which could lead to that circumstance.
Be sure to speak with a Montgomery County parole violations lawyer if you are concerned about issues with your parole board. Your freedom is precious, let a skilled defense attorney help you avoid going back to jail.
Parole in Montgomery County
Before the government grants parole to a prisoner, typically a parole agent works with the prisoner to develop a plan of re-entering society and prepare for an interview to the board of parole. The discussion may be held a few months before a prisoner has served the prisoner’s minimum sentence as required by law. There is no guarantee that the board will grant parole. The powers of the parole board appear in Pennsylvania Code Title 61 §6131 and following.
If the board does grant parole, the parolee must report to some government agent on the day of release. The board will also give the parolee some conditions which must be met, such as paying restitution to alleged victims, getting a job or having to check in with a parole officer a certain amount.
Violation of Parole Conditions
If a person violates their parole conditions, the board may order the following sanctions:
- Drug tests,
- Education programs,
- Curfews,
- In-patient treatment,
- Time in the Parole Violator Center, or
- Return to jail.
The government may send a person directly back to prison to finish their sentence if the parolee commits another crime, fails to check in with their parole officer or someone accused the parolee of assault.
Parole Violation Process
If a person is held or sent back to jail for violating the conditions of the person’s parole, that person has a right to two hearings.
First Level Hearing
The first hearing considers technical violations and the board must meet within 14 days of a person’s detention. If the hearing determines that parole should continue, the government will let the parolee go. If not, there will be a second hearing.
Second Level Hearing
The second hearing must occur within 120 days of being stopped, and the hearing determines if the board should revoke parole. At the second hearing, the standard is a preponderance of the evidence, which is a lower standard than a criminal trial requires. It means the hearing must determine if it appears more likely than not that the parolee violates the terms of parole.
Rights at Hearings
The parolee may have an attorney present and if the parolee requests an experienced attorney, if none is there the proceeding is terminated. The parolee may appeal the decision of the hearings, by sending a letter to the parole board within 30 days of the judgment which details why the decision was wrong.
Learn More from a Montgomery County Parole Violations Attorney Today
If you are concerned about violating your parole, speak to an attorney. You do not want to risk the government sending you back to jail. You may wish to do everything in your power to protect yourself. You have the right to representation at any parole violation hearing.
If the hearing finds against you, you may also request that a Montgomery County parole violations lawyer write a letter for you appealing that decision. You do not have to face this situation alone. Get the help you may find important today.