The goal of parole is to assist a formerly jailed person in reintegrating into society under the supervision of a parole officer. Assisting a person with housing and employment-related challenges is one of these factors. Furthermore, parole protects society from individuals who may represent a risk to others around them by ensuring that they adhere to specific criteria. A person may wish to appeal a parole board’s decision for a variety of reasons.
On the one side, a person convicted of a crime may wish to appeal a parole board’s refusal to grant them their freedom. On the other hand, a victim of a crime may wish to appeal a parole board’s decision in order to keep the individual safe for a longer period of time.
There are two things that considerably assist a person who decides to appeal a parole board’s decision, regardless of the motivation for doing so. First and foremost, a person should seek the advice of an experienced federal crimes attorney who is familiar with these issues. Second, a person should be aware of some of the statutes that apply to parole board judgments.
The responsibilities of the parole board
The United States Parole Commission is in charge of handling paroles for a variety of convicts in the federal system, including those incarcerated for crimes committed prior to November 1, 1978, inmates incarcerated in the District of Columbia, those who have been condemned to federal prisons as a result of their military service, and detainees from other countries.
The severity of the offense, if the sentencing judge issued any parole recommendations, and whether the prisoner has followed applicable rules will all be considered by the competent authority before making a parole decision.
A positive parole decision is influenced by a number of criteria that are well-known. To begin with, misbehavior that results in good time being withheld can risk a person’s parole. Second, parole may be granted only if the offender is deported and remains outside of the nation. Third, the Parole Commission recognizes that everyone who has been convicted and sentenced has the right to appeal.
The United States Sentencing Commission follows federal law, which mandates that prisoners with excellent behavior receive 54 days per year off their sentence. A release plan will frequently include both a suitable house and a confirmed job offer. Only if the Commission requests one, is a parole advisor required.
Appealing a decision to parole
Individuals can respond to these instances by writing a report to the board that decides on the convicted person’s parole, emphasizing any other relevant information. This information could then be used by a parole board as a victim impact statement. These written statements will be kept in the file of the convicted person.
A person could also bring out any infractions of the condemned person’s obligations, which could be used to undermine his or her eligibility for parole.
If parole has been granted, a person can show that the ex-convict has broken the terms of his or her release. An ex-convict must follow specific rules while on parole. Some of these rules include requesting permission to travel a long distance from home, being compelled to avoid all guns and weapons, and living in a halfway house. If a person violates any of these terms, their parole may be revoked.
Appealing a parole board’s decision to deny parole to an individual
In some cases, a person may be able to petition a judge to have them released after serving a particular period of time in prison. However, a court may be prohibited by law from releasing someone charged with a serious or sex offence. A parole hearing board can hear a person’s appeal. Appellate reviews are usually allowed when new material becomes available that was not known at the time of the convicted person’s hearing, a hearings official commits misconduct, or a parole hearing official makes serious procedural errors.
If you are in need of additional help on this matter, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
