Parole is serious business. Did you ever wonder what would happen if someone violated their parole? Penalties can include: Arrest Warrant: When a parolee is alleged to have violated a condition of release, a warrant may be issued for their arrest. Revocation: If the parole hearing is lost, parole is typically immediately revoked, and the remainder of the original prison sentence must be served.

After being released from prison, there is a generally a period of re-integration known as parole. During the parole period, the parolee is required to comply with certain terms and conditions. Since the parole period is a test to determine if the paroled individual was ready to re-enter society, failure to comply with these terms and conditions can have serious consequences. What those consequences are depends upon the type of violation that occurs and the decision of the parole officer and parole board.

Common Conditions of Parole

When a person is released on parole, he is required to comply with all federal and state laws.  He is usually required to remain in the state of his incarceration, or where the crime was committed, and must check in with a parole officer on a routine basis.

Parolees typically are also required to maintain or attempt to maintain steady employment; continue on any educational track they have begun; report regularly to a parole officer; notify their parole officer of any change of address; refrain from possessing, using or administering controlled substances; refrain from possession or control of a firearm or any defensive or deadly weapons; refrain from corresponding with anyone in a correctional facility or on parole; and waive extradition. Submitting to drug testing is also a common condition of parole, and parolees are required to submit to warrantless search and seizure and searches conducted without probable cause.

In addition to the general requirements, parolees may be subject to requirements specific to their offense as required within their state. For instance, sometimes, convicted sex offenders are required to submit to periodic polygraph examinations. Those convicted of an alcohol-related offense, on the other hand, may be required to refrain from consumption of any alcoholic beverages.

Parole Violations

When one or more of the conditions of parole are violated, some action is usually taken to give consequences to the parolee. In addition to consequences for the parole violation, it is important to note that a parolee may be charged in a separate criminal proceeding for any criminal offense even where the parolee is charged with violation of parole for the same conduct.

Defending Against an Alleged Parole Violation

When a parolee is accused of a parole violation, he can present evidence to try to show no such violation occurred. He does not necessarily have to absolutely prove that he did not violate his parole; he simply has to show that it wasn’t demonstrated by a preponderance of the evidence that he did violate it. Whenever possible, showing that no violation was proven is the parolee’s best course of action, since then he can walk away with no consequences at all.

A parolee also has the option of trying to justify or defend a violation that did occur. For instance, he could try to prove that his violation of parole was necessary or accidental. When he raises a defense of justification, the parole board may choose to take no administrative action against him or to take a lesser action than sending him to jail.

In any event, it is best to consult with a lawyer when accused of a parole violation in order to determine how to defend against the violation and what the best course of action is to avoid going back to jail.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Florida Statutes. A person who willfully, maliciously, and repeatedly follows, harasses or cyberstalks another person, and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree. §784.048(3), Florida Statutes.

Stalking; definitions; penalties.—
(1) As used in this section, the term:
(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.

If you have been charged with stalking, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.