When you are charged and convicted of a crime, it can be incredibly intense. However, during your jail sentence, you may be granted the opportunity for parole. If this is the case, understanding the most common terms and conditions of parole and what happens in the event you violate them is critical. Additionally, you’ll want to keep reading to learn the importance of working with a Sacramento criminal defense lawyer if you have been accused of a parole violation.
What Is Parole?
One of the most common misconceptions people have regarding parole is that it is the same as probation. While they may be similar, they are, at their core, very different processes. Probation is ordered by a judge at the sentencing of someone convicted of a criminal offense. This is a form of alternative sentencing that allows someone to serve their jail time outside of prison.
Parole, on the other hand, is granted to those who have already served a portion of their jail sentence. This is an opportunity for individuals to reintegrate into society. However, part of probation and parole is adhering to specific terms and conditions. These include, but are not limited to, the following:
- You cannot break the law
- You must notify your parole agent if your job location moves or you obtain new employment
- You must inform your parole agent ahead of time if you plan to move
- You must avoid guns and anything that resembles guns
- You are prohibited from owning blades longer than two inches, with the exception of kitchen knives, which must remain in the kitchen
- You must obtain permission before traveling more than 50 miles from your home
- You must obtain permission if you plan on leaving the county for more than two days
It’s important to understand that the terms of your parole can also depend on the crime you are convicted of. For example, if you were convicted of possession of child pornography, you may be prohibited from accessing the internet. Similarly, if you are convicted of a felony drunk driving offense, you’ll likely be prohibited from driving and may need to attend alcohol education courses.
What Consequences Can I Face if I Violate the Terms?
If you are on parole, it’s important to understand the penalties you can face if you violate the terms and conditions. Typically, when you are caught, you’ll find that your parole officer will report the matter to their higher ups who will likely issue a warrant for your arrest. Once issued, you will be kept in custody until your hearing has concluded.
At this hearing, you will have the opportunity to defend yourself. You may be able to show that the circumstances were out of your control and you did everything possible to avoid being involved in a situation that would constitute a violation. However, it is ultimately up to the parole board to decide. In the event they determine that you knowingly violated parole, they can impose a number of consequences. For minor infractions, you may find that your parole can be extended, or further restrictions may apply. For serious offenses, you can be sent back to jail to serve the remainder of your term.
Parole violations are not a matter that should be taken lightly. As such, if you are accused of this offense, it is critical to connect with an experienced attorney as soon as possible. At the Law Offices of Dale R. Gomes, our dedicated legal team will do everything in our power ot help you fight for a favorable outcome. Contact us today to learn more.
