Parole Violation Attorney in California
If you have been incarcerated in California, parole allows you to reintegrate into society under strict, challenging conditions. Missteps like missing a parole officer meeting can lead to accusations of a parole violation with severe consequences, including potential reincarceration.
Parole in California is a period of supervised release after an inmate has served their term in state prison. It's designed to help former inmates transition back into society while under the supervision of the California Department of Corrections and Rehabilitation (CDCR).
An inmate will be paroled once they serve their sentence unless they are a risk to public safety. They must follow certain conditions, or they could be back in prison for a parole violation.
When facing an accusation of parole violation, it is crucial to secure legal representation from an experienced California criminal defense attorney.
The guidance of a seasoned lawyer who understands the parole violation process can significantly increase your chances of achieving a positive outcome, providing you with the reassurance and support you need during this challenging time.
Typical Conditions of Parole
A former California prison inmate on parole is referred to as a "parolee." Parole is a supervised period of freedom involving releasing a former state prisoner before completing their full sentence. It seeks to return them to the community while ensuring public safety.
Parolees must follow specific conditions set by the parole board, which vary depending on the original offense and individual circumstances. Typical conditions of parole include:
- Reporting regularly to a parole officer
- Finding and maintaining employment
- Reside at an approved location
- Avoid any further criminal activities
- Abstain from alcohol and drug use
- Comply with standard curfews
- Avoid Certain people or places
- Consent to a search at any time
- No possessing of any firearms
- Remaining within a specified area
- Attending mandatory counseling
Common reasons for parole violations include not reporting to parole officers, getting arrested for new crimes, or failing to adhere to curfews. The parole board assesses each case to determine the appropriate penalty, taking into account the severity and context of the breach. This underscores the need for a robust defense.
Typical Parole Violations
A parole violation occurs when a parolee fails to comply with any mandated conditions. There are two categories of violations, including the following:
- Technical violations, such as failing to report to a parole officer, missing a mandatory meeting, or failing a drug test.
- New law violations, such as when a parolee is arrested and charged with a new criminal offense.
A parole revocation hearing, as per California Penal Code 3056 PC, is a legal process where a judge or the parole board assesses the evidence to determine if you violated your parole.
This hearing is crucial as it decides whether you should return to prison or face a less severe penalty. During this hearing, you have the right to present evidence, question witnesses, and be represented by an attorney.
During a parole revocation hearing under California Penal Code 3056 PC (also known as a parole violation hearing), you have certain due process rights.
These include the right to a written notice of your alleged violation and the opportunity to present evidence and be represented by an attorney.
This hearing is held either before the deputy commission or the entire parole board. The parole board is a group of people who review your case and decide if you violated your parole. Evidence will typically consist of an officer who arrested you, your parole officer, or any witnesses.
The standard in a parole revocation hearing is a preponderance of the evidence, meaning it is more likely than not that you violated your parole. If it's determined that you violated parole, you can go back to jail for up to one year.
If you committed a new crime, a prosecutor could file new criminal charges against you. In simpler terms, if the evidence shows you likely broke the rules, you could go back to jail.
Typical Consequences of a Parole Violation
In California, violating parole terms can result in severe penalties, depending on the nature of the violation and your prior record. Typical penalties for parole violations include the following:
- For minor violations, the officer might issue a warning, impose extra sanctions like electronic monitoring, mandatory treatment, house arrest, or community service requirements
- For serious or repeated violations, the officer can impose stricter parole conditions, request a warrant for your arrest, revocation of parole, and return to state prison.
If arrested, you will be held without bail until a parole revocation hearing. You won't have a jury trial; instead, a judge will decide your case at a parole violation hearing.
If you are found in violation, the judge can impose penalties ranging from revoking parole and sending you back to prison for up to one year per violation.
Why You Need a Parole Violation Lawyer
Our California criminal defense attorneys can review the specific details of your case and develop a strategy to help you avoid imprisonment or minimize the penalties.
There are potential positive outcomes, such as reinstating your parole, negotiating alternative sanctions, or highlighting your positive steps since release. We will work tirelessly to achieve these outcomes, providing you with hope and optimism during this difficult process.
Perhaps we can scrutinize the evidence presented by the parole officer, such as questioning the validity of a drug test, arguing that a search was conducted improperly, or showing there is insufficient evidence to prove an alleged violation.
Perhaps we can present mitigating factors to argue for a less severe outcome and persuade the judge to reinstate parole rather than revoke it. Perhaps we can negotiate with the parole officer or the hearing officer before the formal hearing.
Perhaps we can arrange an alternative sanction, such as placement in a residential treatment program or stricter supervision, as an alternative to returning to custody.
Perhaps we can highlight the positive steps you have taken since being released, such as having stable employment, consistent attendance at treatment programs, and strong community connections.
Our California parole violations attorneys are committed to defending your freedom and possibly helping you avoid prison when you violate parole. For more information, contact the Hedding Law Firm, located in Los Angeles, CA. Your freedom is our priority.
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