Parole Violations Defense Attorney

Parole is a type of community-based supervision that is often required for those who have recently been released from prison. There are a variety of conditions that parolees must abide by, including wearing a GPS monitor, complying with a curfew, complying with orders of protection, abiding by all laws, and more. If a parole officer claims that a parolee has violated one of the terms of their parole, they will be violated for technical and/or non-technical violations and potentially reincarcerated.

Hanna M. Renna

Parolees who are alleged to have violated the conditions of their parole are entitled to a parole revocation hearing. Although the parole officers are often alleging that a new criminal act has occurred, the hearings are civil proceedings with a lower burden of proof than criminal trials. Additionally, the hearings are held in front of a magistrate as opposed to a judge, and there is no opportunity to have your parole case heard by a jury. However, the parole revocation specialists still have the burden of proof and are required to prove by clear and convincing evidence that the parolees did in fact violate their parole.

In the event that you have a sustained parole violation, you are entitled to appeal the magistrate's decision, but you must do so within thirty days of the decision being issued. If the magistrate in your parole matter sustains a non-technical violation that constituted a felony or misdemeanor offense, you may be entitled to file an appeal with the lowest level court serving the jurisdiction where the hearing was held or where the sustained conduct occurred. If the magistrate in your parole matter sustains a violation that does not constitute a felony or misdemeanor offense, you are entitled to an administrative appeal, which will be heard by the Board of Parole Appeals Unit. Contact Renna Law Office, PLLC for help with your appeal today.

There are many times that incarcerated individuals are denied release to parole supervision after meeting with the Board of Parole. The Board of Parole often makes their decision to deny parole when relevant information is not made available to them or after they've relied on incorrect information. In making their decision, the Board of Parole must consider a variety of mitigating factors, including the individual's participation in therapy, academic achievements made while incarcerated, or community resources available to the incarcerated individual upon their release from custody If an incarcerated individual is denied parole, they have the right to appeal the decision of the Board, and that Notice of Appeal must be filed within thirty days of the written notice of the denial being received by the incarcerated individual.

There are times when an incarcerated individual's parole release date is suspended due to alleged misconduct or other reconsiderations. When this happens, the incarcerated individual is entitled to a rescission hearing to determine whether or not the parole release date was properly suspended. At that hearing, the incarcerated individual is able to present witnesses, introduce documentary evidence, and confront and cross-examine witnesses. Incarcerated individuals are entitled to counsel at rescission hearings. If you or someone you know is incarcerated and needs assistance with a rescission hearing, contact Renna Law Office, PLLC today.