What It Means to Violate Parole

February 27, 2015
What It Means to Violate Parole

After you are released from prison there is a general period of re-integration referred to as “parole.” During this time, you are expected to comply to certain terms and conditions. If you are found to be in violation of this, it is referred to a “violating parole.” Below we discuss parole and what it means to violate it.

Understanding Parole

When you are out on parole there are usually certain terms and conditions you must adhere to. It’s crucial to understand what these conditions are, or else you may land back in prison. Parole is essentially a period of time to test if a paroled individual is able to re-enter society and comply with the law.

Violating Parole

Failure to comply with the terms and conditions of your parole, also known as “violating parole,” can have serious consequences. These consequences are based on the type of violation. Your parole officer and parole board will investigate the violation and assign a consequence.

In addition to the consequence of violating parole you can also be charged with a separate criminal proceeding for any criminal offense. So you can be charged with a criminal offense in addition to violating parole.

Assigning Parole Violation Consequences

In the 1972 Supreme Court case, Morrissey v. Brewer, it was decided that it was unconstitutional for a parole officer to be able send someone back to jail, or, “to revoke his administrative relief status,” for violating parole. A parolee has the right to “due process” of the law before he or she can be sent back to jail or subject to other consequences of violating parole. “Due process” means the parolee has a right to a hearing and a right to defend himself or herself against the allegations of violating parole. The consequences of violating parole are then determined at this parole hearing.

Source: Free Advice, Parole Violations, 2015

The Law Office of Peter Berlin – Los Angeles Criminal Defense Attorney
16130 Ventura Boulevard, Suite 570, Los Angeles, CA 91436
(310) 289-5418
(310) 289-5418

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