Parole Violation – Top 10 Ways People Get Violated

10 of the most common ways in which you can be found to be in violation of your parole are when you:

1. violate travel restrictions,
2. fail a drug test,
3. do not report to your parole officer (or show up late for a meeting),
4. fail to secure gainful employment,
5. refuse to be searched,
6. possess a firearm or other weapon,
7. break curfew,
8. contact a “victim” without authorization,
9. move without permission, and
10. commit a new crime (for example, misdemeanor DUI).

In general, “parole” is the conditional release from prison where you serve the remainder of your sentence outside of confinement. While on parole, you are subject to certain conditions of parole as set forth in a parole order.¹

Depending on the jurisdiction you are in, parole can either be “discretionary” and/or “mandatory.”

• Discretionary parole is where you are released from custody early and serve the remainder of your sentence under parole supervision.
• Mandatory parole is where you are placed on parole supervision after you serve your entire jail or prison sentence.

1. What are parole conditions?

Once you are placed on parole, you must agree to abide by certain conditions and requirements.²

Examples of parole conditions include:

• submitting to and passing random drug tests,
• finding gainful employment, and
• adhering to certain travel restrictions.

If you refuse to acknowledge these conditions, then a parole board will deny parole. If you agree to them, but later violate a condition, you are considered in violation of parole.

Note that while on parole, you are assigned to a parole officer who is responsible for ensuring that you comply with your conditions of release from confinement.

2. What is a parole violation hearing?

A parole violation hearing is an administrative proceeding or preliminary hearing that is often held before a judge or parole board. The purpose of the hearing is for the board to determine whether or not you violated a condition of parole.³

Parole violation hearings are often referred to as “parole revocation hearings” or “parole revocation proceedings.”

In most states, a prosecutor presents evidence to the judge or board supporting the case that a parolee violated a parole condition.

Note that unlike criminal trials, the prosecution in these hearings do not have the burden to prove beyond a reasonable doubt that you committed the violation. Instead, the prosecution only needs to prove, by a preponderance of evidence (or by showing reasonable grounds), that you committed a parole violation.⁴

In response to a prosecutor’s case, a parolee’s criminal defense lawyer can introduce any evidence of mitigating circumstances. These are conditions that justified a parole violation or suggest you had good cause to commit a violation.

Note that all parolees are protected by certain due process rights during the course of a parole violation hearing. These rights include the right to:

• a criminal defense attorney or public defender,
• written notice of the alleged parole violation,
• the disclosure of any adverse evidence (including documentary evidence),
• be heard and present evidence on one’s own behalf,
• confront and cross-examine witnesses,
• a neutral and detached hearing board, and
• a written decision explaining the outcome of the hearing.

3. What happens if you lose the hearing?

If a board finds that you committed a minor or technical violation, parole authorities will likely impose stricter parole conditions.

But if your violation was substantial or involved committing a new crime, your parole will be revoked, and you could be reincarcerated.⁵

If your parole is revoked for committing a new crime, the district attorney may elect to file new criminal charges against you, separate and apart from the parole revocation. If convicted, you could be reincarcerated for the new offense as well.

4. What if you win the hearing?

You essentially win a parole revocation hearing if you can show that:

• you did not violate your parole, or
• there was good cause to commit a violation.

Parolees that win parole violation hearings remain on parole and must finish their appropriate parole term.

Note that once you are placed on parole, the period of time that you must remain on parole will depend on the specific crime for which you were convicted of.

Please keep in mind that an experienced defense lawyer will help you win a parole violation hearing.

Most criminal attorneys and law firms provide free consultations, which means you can get legal help for no charge.

Further, your communications with an attorney are protected by the attorney-client relationship. According to this bond, your lawyer cannot disclose your confidences without first getting your consent.