Parole Violations | Lawyers for the Accused

Parole Violations2022-10-07T21:21:53+00:00


Parole Violations | Lawyers & Attorneys

Parole is intended to monitor a person who has been released from prison after being convicted of a felony. Parole supervision requires a parolee to comply with the law and obey certain terms and conditions including treatment if necessary. If you or someone you know has questions about parole or has been charged with violating parole, you should contact a criminal lawyer who handles parole violations.

Frequently Asked Questions About Parole Violations

Our criminal defense lawyers provide answers to some important questions below.

Is parole different than probation?2020-07-24T15:22:12+00:00

Parole refers to supervision after release from a state prison sentence. Therefore, it is only ever part of a felony conviction and after a person is released from state incarceration.

How long is parole supervision?2020-07-24T15:21:50+00:00

The length of parole largely depends on the original sentence and when you are released from prison. While parole is handled by local offices around the state, they are state agencies, not county ones.

What is the difference between parole and post-release supervision?2020-07-24T15:21:27+00:00

Parole supervision is the same as post release supervision. Like, parole, post release supervision occurs after release from a state prison sentence. The difference in name is that parole supervision follows an indeterminate state prison sentence while post release supervision follows a determinate state prison sentence.

What happens before being released from prison to parole?2020-07-24T15:21:00+00:00

After being paroled but prior to your formal release, you will receive information about who will supervise you and what your parole conditions are. Depending on the type of conviction there may be restrictions on where you can live upon your release. Parole conditions also may require GPS monitoring, regular drug testing, and obtaining employment.

What will happen if I violate parole?2020-07-24T15:20:35+00:00

In most circumstances, if you are alleged to have violated parole, a warrant will be issued, and you will be incarcerated pending the outcome of the violation. An Administrative Law Judge will oversee your case, as opposed to the Judge that originally sentenced you. Also, rather than a county prosecutor, the state will be represented by a Parole Revocation Specialist.

If I am charged with violating my parole, do I have a right to a preliminary hearing?2020-07-24T15:20:11+00:00

Yes. You have a right to have a preliminary hearing within 15 days of being picked up on the arrest warrant. You have the right to an attorney and should ask to speak with one before making any decisions about conducting, or waiving this hearing.

What is the process after a parole preliminary hearing?2020-07-24T15:19:36+00:00

After conducting or waiving the preliminary hearing, you will be scheduled for a final revocation hearing.

What happens during a parole hearing?2020-07-24T15:19:13+00:00

The Administrative Law Judge must find by a preponderance of the evidence that you violated at least one of your parole conditions. You have the right to examine witnesses called against you, through your attorney, and to present evidence on your own behalf.

What punishment do I face if I violate parole?2020-07-24T15:18:48+00:00

If you violate parole, depending on the nature of the underlying offense and the severity of the violation, you are placed in one of three categories. For Category 1 violators, you usually face no-less than an additional 15 months’ incarceration. For Category 2 violators, you usually are mandated to take part in a prison drug treatment program such as WILLARD. This typically lasts 90 days. Finally, Category 3 violators, face three to six months in state prison. This time does not include the time already served.

What is a “Willard” sentence?2020-07-24T15:18:25+00:00

Willard refers to a department of corrections program that is aimed to addressing acute drug addiction. It is usually a 90-day treatment program that will be overseen by the department of corrections and the office of alcoholism and substance abuse services (OASAS). Typically, after graduating from the Willard program, you are returned to parole supervision.

What happens if I am on Parole, and I receive a new criminal charge?2020-07-24T15:18:00+00:00

If you are charged with a new crime while on parole, usually your parole officer will seek an arrest warrant for an allegation that this new crime violates the terms and conditions of your parole. You will likely be remanded to jail without the opportunity to post bail while you await final resolution of the new charges.

What is the K calendar?2020-07-24T15:17:23+00:00

The “K calendar” refers to an indefinite adjournment when you are on parole and are charged with a new felony. Making admissions at a parole hearing would be detrimental to the new charges against you, and therefore, it is likely that your case will remain on the “K calendar” until the new charges are disposed of. What punishment you face for the parole violation will likely be decided based on the resolution of your new criminal charges. Any conviction will likely result in revocation of your parole and additional state prison time.

Will I go to jail if I am charged with a Parole violation?2020-07-24T15:16:57+00:00

If you are charged with a parole violation, you will go to jail until a determination is made about the violation. If it is determined after a hearing or an admission that you violated your parole, you likely face additional prison time.

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