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.