Consequences of Violating Parole in Waukesha
Parole is a benefit given to some prisoners who have responded well to their incarceration and are ready to re-enter society. Parole allows a person to be released from jail earlier than their sentencing if the person complies with certain conditions. A person is never granted parole without a hearing in jail and mutual agreement between the hearing members.
Terms Of Parole
The terms of a parole are usually adjusted to the specific individual based on their crime and the length of time that they served in prison. However, there are some guidelines that apply to all prisoners that are granted early release. These terms include:
- Checking in with a parole officer on specified dates to update the progress of their parole
- Remaining in the state in which they were convicted until the parole period has ended
- Keeping an updated address and contact number on file with the parole officer
- Keeping steady employment
- Following through on educational programs started in prison if applicable
- Avoiding contact with any other person on parole or who are currently incarcerated
- Avoiding the use, possession, or other interaction with controlled substances
- Cannot own or operate any type of firearm
- Waive extradition to other states until the parole is completed
These are not the only terms of a parole. The parole board may set other terms to the parole based on your violations. This may include not contacting a victim of the crime, avoiding alcohol or places that serve it, or requiring mental health or substance abuse programs.
Before a person is paroled from jail they will be given this list of terms and they will be carefully reviewed with the individual. This helps to make sure that parole violations do not occur.
What Happens When Parole Violations Do Occur?
There are many instances where a parole violation can occur. Some of these include:
- Failing to make appointments with the parole officer
- Not reporting into the halfway house or missing curfew
- Failing to remain employed
- Refusing to submit to an alcohol or drug testing
- Breaking any of the terms and conditions of the parole
- Being arrested for another crime, even if it is not a felony
- Leaving the state, even temporarily
If a parole violation occurs for any reason, the parolee can face the following punishments:
- Required to finish out time of the original sentencing
- Added jail time for breaking parole conditions
- Additional added jail time if another crime was committed
If you have been arrested for a parole violation, it is in your best interest to seek out criminal defense lawyers Waukesha to protect your rights and help you build a case.
Violation of Parole Charges
From the minute you are charged with violating your parole, you should contact a criminal defense attorney. Your lawyer will help you protect your rights and establish a case on your behalf. At the time of your arrest, it is recommended that you do the following:
- Do not resist arrest. Your attorney will help you sort out the facts once you begin working together to build a defense. Resisting an arrest will only lead to additional violations.
- Do not sign any admissions or make any statements. It is very important to protect your rights as someone who has been accused of a crime. If you are asked to make a statement or provide any information to law officials you are recommended to request the presence of your attorney and wait to give that statement when they arrive. Remember, anything you say can and will be used against you in a court of law. This even applies if the statements are “twisted” by law enforcement to meet their needs.
- Do not waive any of your rights. Even if the law enforcement officials sound very convincing on how beneficial waiving one or all of your rights would be to your case. You never have to waive your rights, ever.
- Do not take these charges lightly. Violating parole is a very serious offense. It can mean an extended period of time in jail in addition to completing your original jail sentence. It can also result in additional fines and costs. If you have been charged, contact a defense lawyer immediately.
The Parole Revocation Hearing
The law requires that any person who is on parole and is accused of violating that parole is entitled to a hearing. This hearing must be completed before any additional punishments or actions can be taken against the parolee for that violation. It is here that you need the quality representation of criminal defense lawyers Waukesha.
Your parole revocation hearing will most likely proceed in the following manner:
- The parole officer will present to the judge the information on why there was a violation of parole. At this time they will also establish jurisdiction for hearing this case.
- The hearing officer will then ask the person being accused of the violation if they would like their rights read out loud in court. If so, the rights will be read.
- The hearing officer will then read out loud the charges being brought against the accused.
- The accused will then have the right to admit or deny the charges being placed against them.
It is at that time that the lawyer for the accused can present their case to the hearing officer. The case can include witnesses, physical evidence or expert testimony. The attorney will explain why the violation accusation was an error and recommend how the court should proceed.
After all, testimony is heard from both sides, the hearing officer will make a judgment on the case. Once the verdict has been handed down, the case will either be dismissed or punishment will be established.
Your attorney is crucial in all parts of the hearing. Their ability to present your case in a way that is beneficial to your cause can mean the difference between freedom and finishing out a long sentence. If you work closely with your attorney before and during this hearing, you will get the best possible outcome for your case.