Parole Violation Lawyer

If you’ve just gotten out of prison early, or avoided going, the last thing you want to do is something that will force you behind bars again. When you’re out on parole or probation, it’s far easier to be sent back to prison than you may think. You wouldn’t have been offered parole or probation if you had not proven yourself a safe and productive member of society. One mistake or misunderstanding shouldn’t force you to go back.

Contact the parole and probation violation attorneys at Lermitte & Lubin, LLC for help if you’re being accused of violating the terms of your parole or probation. We can help defend your freedom so you can stay out of prison.

What are Parole and Probation?

When someone is charged with a crime, they often face time in prison and hefty fines. Depending on the offense, they may be offered what is called probation. There are cases where you do not have to admit to being guilty, but you usually are expected to on many occasions. In exchange, you will not have to serve a sentence in prison. Instead, you will report to a probation officer on a regular basis. You will be required to meet certain requirements during your probation period.

On the other hand, parole is only offered to those already in prison. You are offered early release, usually based on good behavior and/or what was predetermined at your trial. When you are released on parole, you must report to a parole officer on a regular basis for a period of time. During that period, you must adhere to specific requirements.

Parole Violation Lawyer

What is the Difference Between Parole and Probation?

Does this sound similar? The experience of parole and probation is nigh indistinguishable at times. The big difference is when you are offered it. Probation is only for those who have not yet gone to prison to serve a sentence. Parole is for those who are currently serving and are being freed early. This is why there’s such an important difference, yet someone’s personal experience remains the same.

There are differences in the process and requirements, but they are eerily similar and a violation of one is usually a violation of the other.

What are Parole & Probation Violations?

As stated above, there are certain requirements for how you have to live during your period of parole/probation. There are things you can’t do and things you have to do. If you break any of these requirements, you have committed a parole/probation violation. Sometimes it’s out of your control, and your parole/probation officer will understand. Other times, you will need the help of an attorney.

Some courts will only place a few requirements on your parole/probation status. The requirements you have to meet are usually dictated by the crime you were accused or found guilty of. These requirements usually include:

Parole Violation Lawyer
  • Committing another crime: This does not include infractions such as traffic violations. Any crime that’s considered a misdemeanor or a felony is a violation, even if it’s of a lower degree than your original charge.
  • Missing meetings with your parole or probation officer: You can contact them to reschedule, but that is at their discretion. The only exception would be a medical emergency, but there are times when you need an attorney to prove that you had a medical emergency.
  • Missing a scheduled court appearance: This is similar to missing a meeting with your parole or probation officer. These appearances can have to do with your court case and parole or probation status. Even if they don’t, you cannot choose to abscond court appearances in instances where someone free of parole or probation may be able to.
  • Failing a drug test: While some once-illegal drugs have been allowed for medical use, you need a doctor’s note and court approval before you may use them. Your parole officer must be informed of these at all times and will drug test you at their convenience. Sometimes a court will require you to abstain from alcohol as well as if it were an illegal drug. This is common if alcohol played a part in the crime you were accused of or found guilty of.

If you are found to be guilty of a parole or probation violation, at best, your parole or probation period will be extended, and at worst, you will go back to prison.

Do Not Wait, Contact Our Parole & Probation Violation Attorneys Right Away

Currently, if someone violates probation, they can be detained for several weeks until their trial date. Typically, people are detained in jail rather than prison, but this is not always the case. This means you can be put back in prison even if the court decides your violation is not severe enough to end or extend your parole/probation period or that you’re innocent of committing a violation.

Many across the state are claiming that this system is unconstitutional, especially as people are found innocent after spending weeks to months in prison. The reason this lasts so long is that the legal process is not optimized and takes extended periods of time. If you are charged with violating your parole or probation requirements, contact the parole and probation violation attorneys at Lermitte and Lubin, LLC. Your freedom is on the line.

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