Parole refers to the supervised release of a convicted person. It is granted in very specific circumstances and with terms and restrictions. A violation is not taken lightly by the authorities, and you could go back to jail if you violate the terms stipulated for your parole.
Supervised release violations can range from minor infractions such as not notifying your parole officer of your intention to change your address to committing another crime. The rules and laws relating to parole violations are significantly different from those in a criminal trial and can have serious consequences. Accordingly, when arrested on a parole violation, it is important to hire a criminal defense lawyer.
Types Of Parole Violations
When you are on parole, you are assigned a parole officer, who is charged with monitoring your activity. It is important that you understand all the terms of your supervised release as ignorance will not be a valid excuse.
You will be arrested for any of the following general parole violations in Ohio:
- Being in possession of a firearm;
- Not attending or being late for a probation meeting;
- Failure to pay fines or restitution that was ordered by the court;
- Deciding to change your address without prior permission;
- Failing to submit to any alcohol or drug testing;
- Not attending or completing classes that were ordered by the court;
- Committing another crime;
- Failure to register as a sex offender; or
- Leaving your county or the state.
The above are not the only infractions that can lead to revocation of your parole. It is important to have regular dialogue with your parole officer before you make any major decision. It is important to note that if you are found to be in violation, you can be arrested by a parole officer without a warrant.
Your Rights If Arrested For Parole Violation
Once accused of violating your parole, you can be arrested. It is critical that you hire a lawyer to protect your rights. The law governing parole violation proceedings are different, and the burden of proof is lower compared to if you were arrested and charged with a crime.
Whatever the accusation, you are entitled to a parole violation hearing. The purpose of this hearing is to determine whether to revoke your parole. It is not a court proceeding but is an administrative hearing that is carried out by the Department of Rehabilitation and Corrections.
The burden of proof in a parole violation hearing is not beyond a reasonable doubt as in a court trial. The standard that is applied is whether there is a “preponderance of evidence” to show that you had violated the terms of parole. With such a low burden of proof, it is important to prepare and deliver a solid case at your hearing to prevent the chances of you going back to jail.
Even if the accusations are for what you consider are minor infractions, you have the right to hire legal representation. In fact, it is important that you have a parole violation criminal defense lawyer on your side, as many of the protections afforded in a court of law are not available for a parole violation hearing. Unrepresented individuals can easily find themselves back behind bars because they do not understand the procedures. Your lawyer will be able to protect your rights and help you fight the violation allegations.
Ohio Parole Violation Lawyer
With years of criminal defense litigation and representation, attorney Brad Groene is dedicated to providing high-quality legal service to individuals who are on parole. Parole violation is a serious accusation, and the State of Ohio is very tough on offenders who breach the terms of their supervised release. You need a lawyer who understands the system and have the resources to investigate, research, and prepare your case.
Even in the face of a lot of evidence, you have rights. Call criminal defense lawyer Brad Groene today at .