Parole Violation Criminal Defense Lawyer philadelphia
Parole is the conditional release of a prisoner from jail after a certain amount of time served. The rationale for the early release of the individual is that - as determined by a parole board - prison is no longer the environment best suited for this person as they have demonstrated good behavior, obeying rules while imprisoned and are no longer considered a threat to society. Of course, this freedom is contingent upon following certain conditions levied by the board.
When an individual violates these conditions, they are found to be in violation of their parole. By violating parole, an individual is putting their freedom in jeopardy as it is very likely that the result will be that they find themselves back behind bars. If you have been accused of violating your parole, it is essential you retain representation to help you avoid returning to prison. The criminal defense attorneys at the Law Offices of Greg Prosmushkin, P.C. will defend you from any charges and work towards maintaining your freedom.
How Does Parole Work?
When the parole board grants an individual's petition for parole, it allows for an individual's conditional release from incarceration with certain attached conditions. These often include:
• Regularly scheduled communication with a parole officer
• Applying for and maintaining employment
• Attending counseling or therapy sessions
• Attending drug or alcohol rehabilitation (if alcohol/drug related offense)
• Drug or alcohol screenings (if alcohol/drug related offense)
• Refraining from owning or use of a weapon of any kind
• Committing no future crimes
• Refraining from associating with convicted criminals
• Submission to warrantless search and seizure
If you are accused of violating your parole it will likely be because your parole officer determined that you did not adhere to these requirements. You will be required to appear before the parole board or the court at a revocation hearing to defend against these accusations. If found to be in violation of your parole, potential consequences include:
• Parole revocation
• Custodial sentencing (meaning a return to prison)
• Transfer to a rehabilitation center if alcohol/drug related violation
• Potentially significant fines
• Parole reinstatement with significantly harsher terms than originally imposed
Why Do I Need a Lawyer?
A Criminal Defense Attorney will work to preserve your freedom. The attorney will seek to prove that the preponderance of the evidence put forth by the prosecution does not show that a parole violation occurred. Remember, as the defendant, the burden does not lie with your attorney to prove your innocence but with the prosecution to prove your guilt. Unlike a criminal trial, a parole violation does not need to be proven beyond a reasonable doubt. All the prosecution has to prove is that it is more likely than not that you violated your parole. Your attorney will need to defend the parole violation, as well as any new criminal case. This means that you will be defending yourself on two fronts: the crime you were arrested for and the violation of parole. This is incredibly hard to do yourself. Your attorney will aggressively defend you on both fronts.
This content was written on behalf of Greg Prosmushkin.