When someone has been released on parole, that person agrees to abide by certain rules and often must comply with conditions as specified in the parole release agreement. If the rules or conditions are violated, even by accident, serious consequences may result.
So, it is vital for anyone who believes they may be in violation of their parole agreement to take proactive steps to address the situation as soon as possible. An experienced Virginia parole violations lawyer could assist in numerous ways.
A criminal defense lawyer familiar with parole violations could evaluate available options and provide representation to work toward the best outcome based on the circumstances.
The longer a violation situation continues without positive action, the less forgiving officials are likely to be, so it is wise to start working toward a positive resolution as soon as possible.
Virginia has two types of parole programs —discretionary parole and mandatory parole. Both operate under the control of the Virginia Parole Board, but the Board is much more actively involved with discretionary parole cases.
Section 53.1-159 of the Virginia code specifies that all those serving sentences under the Department of Corrections must be released on parole six months before the end of the sentence, so long as at least three months of the sentence have been served. This is referred to a mandatory parole. The Parole Board may impose terms and condition on those released on mandatory parole.
Discretionary parole, by contrast, involves a judgement on the part of the Parole Board after reviewing information about the conduct of the person at issue. If the Board finds that parole is in the best interests of the public and that the candidate is eligible, then the candidate may be granted parole well before the completion of the sentence.
To ensure compliance with conditions and facilitate adjustment to a return to society, a Probation and Parole officer isassigned to supervision the person on parole. It should be noted that Section 53.1-165.1 of the Virginia code specifies that parole is not available for offenses committed after January 1, 1995.
When someone on parole is alleged to have violated a condition of parole or to have taken any action which could render them unfit for parole, evidence of this violation is supposed to be presented to the Parole Board. If that evidence is deemed satisfactory, the Board may have an arrest warrant issued and the person on parole may be returned to custody to face a formal hearing on the parole violation.
Then a full hearing will be held to determine whether a violation occurred and whether probation should be revoked or whether parole supervision should continue. If a violation is found, it is still possible for parole to continue, if a convincing case is made on behalf of the person found in violation.
The laws and procedures governing parole violations are not familiar to all attorneys. So, if you are concerned with possible parole violations, it is wise to seek assistance from a Virginia parole violations lawyer who understands the process and how to argue effectively for continuance or discharge of parole rather than revocation.
To protect your rights and make the best case, it is often advisable to approach the Parole Board as soon as possible. An experienced parole violations attorney could evaluate your case, explain your options, and help you move forward toward the most positive result. To learn more, call now.
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