Parole Violation Defense in PA: Protecting Your Rights
Parole enables a convicted person to serve a part of their sentence inside the community under particular restrictions. It’s a second chance at life in a much more dignified manner.
What happens if they violate their parole in Pennsylvania? Let’s find out how a Pittsburgh criminal lawyer can help.
Conditions for Parole
A parolee remains under state supervision but isn’t incarcerated. This setting assists convicted people to reintegrate into society, but holds them accountable for their actions. They must follow specific conditions, such as maintaining employment, regularly meeting with their parole officer, avoiding criminal activity, and not owning firearms.
Violating these conditions can lead to penalties. It can also lead to proceedings for parole revocation.
The Two Major Types of Parole Violations
There are two major types of parole violations in PA:
Technical violations
A technical violation occurs when the parolee breaks one or more parole conditions. It could be missing a routine meeting with their parole officer, moving without notification, failing drug tests, or not paying restitution and fines.
Technical violations can result in minor penalties, such as temporary confinement or warnings. However, severe or repeated breaches might lead to parole revocation.
New criminal offenses
A new criminal offense has more serious consequences. Even the most minor infraction, like a summary offense, could result in a charge. The parolee risks the potential of reincarceration for the remaining part of their sentence and new criminal charges. PA regards such violations seriously because they cause doubts about the parolee’s capacity to abide by law and the conditions of their release.
Possible Defenses
If charged with a technical violation, a parolee has various possible defenses. They might argue that the alleged charge wasn’t intentional or willful. For example, if a parolee missed a meeting due to a transportation issue or medical emergency, they may present evidence to explain the situation.
A Pittsburgh criminal lawyer might challenge the parole board’s proof. Or demonstrating how the board didn’t follow proper protocols when they filed the violation. For example, they can show a drug test wasn’t administered properly, or the officer wrongly reported compliance.
A parolee’s Pittsburgh criminal lawyer might also argue that the alleged violation was a consequence of situations outside their control. Homelessness or the job market’s state are external conditions that can prevent parole term compliance. This might mitigate the seriousness of the punishment. It can also convince the board to give the parolee another chance with extra support. Successful defense might reduce the seriousness of the penalties or completely avoid revocation.
An experienced Pittsburgh criminal lawyer can deliver robust representation. They can help the parolee to defeat the unwarranted allegations. They will also advocate for fair dispositions that don’t harm freedom.
At Logue Law Group, our expert criminal lawyersdefend people in criminal cases, including probation and parole hearings. Contact us at sean@seanloguelaw.com for a consultation.