A parole revocation hearing will determine if you can be sent back to prison.
Parole is a system by which an inmate is released from prison under an agreement where he or she agrees to abide by specific terms or conditions. If you have been sentenced to a term of imprisonment under California law, then you must be released on parole unless you are considered to be too great of a risk to public safety. This is known as a mandatory parole system.
When a person is released from prison on parole, he or she is still considered to be under control of the California Department of Corrections, and is known as a parolee. The terms and conditions of parole can vary considerably based on the person and his or her criminal history, but typical conditions include agreeing to live within a certain county limits, consenting to searches by law enforcement officers at any time, and agreeing to register with local authorities if necessary. For certain offenders, other conditions may be imposed, such as refraining from using drugs and alcohol, not associating with known gang members, and not accessing the internet. In addition to any other conditions that may be placed on them in their parole agreements, parolees are also prohibited from violating any other laws.
So what happens if you violate your parole? The answer depends in part on how the violation occurred. If you violated a term of your parole but did not break a law, then a parole revocation will be held, presided over by a deputy commissioner of the Department of Corrections. At this hearing, the deputy commissioner will decide if you should be returned to prison and if so, for how long. If your parole is revoked, then you can be returned to prison for up to one year; however, if you do something wrong once you are incarcerated, then your incarceration can be extended for another 12 months.
If you violated your parole by breaking the law, then you could be facing two separate issues: a criminal charge and the parole revocation hearing. If the prosecutor elects to charge you with a crime, then you could be facing incarceration if you are convicted. You could also have your parole revoked by the deputy commissioner and be returned to prison for a period of up to one year. If you are found not guilty at trial, you can still be returned to prison through the parole revocation process.
At the parole revocation hearing, you have the right to a criminal defense attorney. In San Bernardino, CA, the Chambers Law Firm can represent you at a parole revocation hearing. You also have the right to written notice of the alleged violation, discovery of the evidence against you, the right to be present, to present evidence, to confront witnesses against you (unless there is good cause to not allow it, such as witness safety), and neutral hearing board, and a written decision explaining the outcome.
Parole revocation hearings can be complex, as the rules are more relaxed than in criminal trials. A criminal defense attorney in San Bernardino, CA can guide you through the process, advising you of your rights and ensuring the best possible outcome.
If you have been charged with a parole violation, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will zealously represent you at all stages of a criminal trial, including if you have been charged with a parole violation. Initial consultations are always free!
