Parole is a form of conditional release from prison that allows individuals to serve out the remainder of a prison sentence in the community. After serving a portion of the time within a correctional facility, certain individuals may be permitted to be released and reenter society, under supervision and with certain restrictions. If you violate the terms of your parole in Pennsylvania, you could face significant consequences. Understanding the possible outcome of a parole violation is important, so reach out to a Pottstown criminal defense lawyer for more information and representation today.
What Are Parole Violations?
There are two types of parole violations recognized in Pennsylvania, depending on how the individual violated the terms of their parole. A TPV (Technical Parole Violator) is an individual who violates the terms and conditions of their parole that have been set by the court. Examples of technical violations include breaking curfew, moving without requesting permission from the parole officer, failing to check in with the parole officer, making unauthorized contact with a protected victim, etc.
The other type of violator is a CPV (Convicted Parole Violator). A CPV is a parolee who violates parole by committing a new criminal offense. Part of all parole conditions is obeying all laws and refraining from engaging in criminal activity. By committing a new crime that is punishable by imprisonment, the parolee has violated their parole. In order to be considered a CPV, the individual must be convicted or found guilty by a judge or jury, or plead guilty or nolo contendere in court.
What if I Violate My Parole in PA?
If you are suspected of violating the terms of parole, your parole officer will likely initiate legal action by filing a violation report, detailing your alleged infraction. The report must be submitted to the Pennsylvania Parole Board.
The first step is a preliminary hearing held within 14 days of your detention. It is held to determine whether there is probable cause that you violated one or more of the terms of your parole. You have the right to be represented and offer evidence in support of your side.
If the Hearing Examiner determines there is no probable cause, you will be released and continue on parole. If there is probable cause, however, you will be detained, and a violation hearing will be scheduled.
The violation hearing is held within 120 days of the preliminary hearing and is presided over by a Hearing Examiner or a panel of a Hearing Examiner and a Board Member. Here, the panel determines whether there is a preponderance of evidence demonstrating your violation. If your violation is a new criminal offense, you will attend a detention hearing.
If it is determined that you violated parole, your right to release could be revoked, and you could be imprisoned. However, the actual penalties you incur will vary depending on the details of the offense and situation.
For more information and legal advice, contact a skilled defense attorney today.
