Parole is the early release of a prisoner before they have completed the full term of their sentence, on the promise that they will demonstrate good behavior once released. A parolee is not technically free until the length of their parole has passed. They are simply allowed to serve the remainder of their sentence out in the world. Violating the terms of your parole agreement can result in serious consequences and even reincarceration, making the need for legal guidance imperative. If you were caught violating parole, work with an experienced Pottstown criminal defense lawyer for skilled representation.

Who Is Eligible for Parole in Pennsylvania?

Parole is not automatic in Pennsylvania. There are a number of factors that will determine whether or not an individual is eligible for early release, including a review by the Pennsylvania Review Board.

Key Eligibility Factors

  • The individual has served the minimum sentence imposed by the court
  • The inmate has exhibited good institutional conduct, particularly in the 12-24 months prior to their parole review
  • They have completed all required programming or treatment
  • The parole Board has assessed their public safety risk

It’s important to understand that, even if an individual has met the minimum eligibility requirements, they may not be approved. This is because parole is left to the full discretion of the board, and, as such, may be denied.

What Are the Conditions of Parole?

Being released from prison early on the promise of good behavior is a great opportunity for many inmates, but it does not free them of all legal responsibilities. When an inmate is released on parole, they are assigned a parole officer who is responsible for checking in on the parolee and ensuring that they abide by the terms of their release. The terms are set to maintain the safety of the community and prevent the parolee from engaging in more criminal behavior. The following are examples of terms that may be included in the conditions of parole:

  • The parolee must live in an approved city or county
  • They must obtain and maintain stable employment
  • They must obey all laws
  • They must participate in regular check-ins with their parole officer
  • They must comply with curfew or travel restrictions
  • They must agree to random searches or drug testing
  • They must report any changes in residency or employment to their parole officer
  • They must avoid contact with protected victims or prohibited individuals

It’s also important to understand that violating any condition of parole, regardless of how seemingly minor the infraction is, can trigger a parole violation proceeding.

What Is Considered a Parole Violation in Pennsylvania?

It’s necessary to understand that not all parole violations are the same. As such, Pennsylvania recognizes two categories of breaches, which determine the penalties imposed.

Technical Parole Violator

A technical parole violator is someone who violates the conditions of their release without the commission of a new crime. Examples include:

  • Failing to check in with their parole officer
  • Breaking curfew
  • Traveling outside of permitted areas without authorization
  • Failing a drug or alcohol test
  • Moving without prior approval

Convicted Parole Violator

A convicted parole violator is someone who breaches the terms of their parole by committing a new criminal offense. To be classified as a CVP, the individual must be:

  • Convicted of a new criminal offense, OR
  • Plead guilty or nolo contendere, OR
  • Be found guilty by a judge or jury

In general, a convicted parole violator will generally face harsher penalties than a technical parole violator.

What Happens if You Violate Parole in PA?

In the event you are accused of violating the conditions of your parole in Pottstown or anywhere in Pennsylvania, understanding what to expect from this process is critical. In general, your parole officer will begin by instituting formal proceedings.

Parole Violation Process

To initiate this process, your parole officer will file a formal violation report to the Pennsylvania parole board. Depending on the nature of the violation, you may be detained pending your hearing.

Preliminary Hearing

  • Must occur within 14 days of detention
  • Determines whether or not probable cause exists

During your hearing, you have the right to legal representation, present evidence, and challenge the allegations against you. If probable cause is not found, you will be released following the conclusion of the hearing.

Violation/Revocation Hearing

In the event that probable cause of a parole violation is discovered, a revocation hearing will be scheduled. Typically:

  • The hearing must occur within 120 days of the preliminary hearing
  • The hearing will be conducted by a Hearing Examiner or review panel
  • The standard of proof is the preponderance of the evidence
  • This hearing determines whether or not your parole conditions will be revoked

Penalties For Violating Parole in Pennsylvania

Unfortunately, due to the unique circumstances surrounding each violation and parolee, the penalties you can face will vary considerably. In general, the review board will examine the nature of the violation, your criminal history, and the severity of the offense. Unfortunately, you may find that even minor violations can result in your return to prison if not properly defended

Potential Consequences of a Parole Violation

  • Revocation of parole
  • Return to prison to serve the remaining sentence time or “backtime”
  • Imposition of stricter parole conditions
  • Increased parole supervision period

In CVP cases, you will also face new criminal sentencing, often in conjunction with your previous incarceration.

Can You Avoid Going Back to Prison for a Parole Violation?

In some cases in Pennsylvania, you may be able to avoid having the conditions of your parole revoked and returning to prison to serve the remainder of your sentence. However, the outcome will heavily depend on:

  • Whether your violation was technical or criminal
  • Your prior history of compliance with the terms of your parole
  • Evidence presented at the hearing
  • The quality of your legal advice

Contact Our Southeastern Pennsylvania Criminal Defense Firm

At Cohen & Patel, we understand how nerve-wracking the idea of returning to prison can be if you are accused of a parole violation. That is why our dedicated legal team will do everything possible to help you fight for the best possible outcome. If you have been accused of violating the terms of your parole, do not hesitate to contact our team today to learn how we can represent you.