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Which Types of Parole Violations Need an Attorney?

by | Jul 18, 2016 | Parole

Although there are a number of different types of parole violations, one thing they have in common is the possibility of getting you sent back to jail.

Getting re-integrated into society after serving time in prison can be difficult, even without the fear of dealing with countless types of parole violations. There is a long list of terms and conditions that must be met by parolees, and failure to comply with them can lead to serious consequences.

Your parole officer and the parole board will ultimately decide your fate if you violate the terms of your parole, but there are things that can be done to potentially keep you from getting sent back to prison.

Conditions for Avoiding Parole Violations

Parolees can sometimes be subjected to requirements pertaining to their offense, based on state laws. This can include refraining from drinking alcoholic beverages for someone convicted of an alcohol-related offense, or submitting to periodic polygraph tests if the parolee is a sex offender. In addition to the specific requirements based on the nature of your conviction, there are also a number of common conditions that include but are not limited to:

  • Obeying all laws.
  • Finding and maintaining steady employment.
  • Obtaining permission before traveling, and regularly reporting your location.
  • Submitting to random searches of your person and home.
  • Avoiding contact with criminal associates.
  • Submitting to periodic drug tests.
  • Refraining from purchasing or owning illegal narcotics and weapons, among other contraband.
  • Regularly reporting to a parole officer.

Do You Need a Lawyer for Certain Types of Parole Violations?

If you are believed to have violated your parole, there will be an investigation of the matter by your parole officer, who would then report back to their supervisor. If there is reason to believe a violation has occurred, a warrant for your arrest can be issued by the parole board.

After you are in custody, a preliminary hearing would take place that would determine whether or not there is enough evidence against you to proceed with the case. If the court finds probable cause against you, a final hearing will follow within 90 days that could potentially end with you being sent back to prison.

It is advisable to seek counsel from an experienced attorney as soon as possible; a lawyer can challenge the evidence against you at your preliminary hearing, so as to potentially help the court decide against a final hearing. If probable cause isn’t found, you would be returned to parole supervision, and the warrant against you would be dismissed.

If the final hearing takes place, you and your attorney will have another chance to provide evidence against the alleged violations. Additionally, even if you are found guilty, your lawyer could possibly persuade the court to an alternative program instead of prison.

If you find yourself faced with going back to prison as the result of a parole violation, regardless of the type, don’t try to fight it alone. Find out what you need to know about various types of parole violations by calling the Wilbanks Law Firm, P.C. at [nap_phone id=”LOCAL-REGULAR-NUMBER-2″].