What happens when you violate parole relies on what you may or may not have done, your parole agent, and the sanctions on your parole. Then you would go through the parole hearing element, which can put the final decision on the board or superior court of San Diego.
The question is, what allegations are you facing that are against your parole conditions, and what can you prove that those aren’t true. There are many situations where the violation isn’t necessarily breaking the law, and that may mean a very different outcome than if you faced new criminal charges.
Different Ways to Violate Parole
Among the most common ways to violate parole are committing a new crime, failing to report to your agent or officer, and failing a drug test. It’s not always that your parole violation will lead to jail time or new charges.
Many people will have random drug tests as part of their parole conditions. If you’ve failed a drug test and you fail it, then you may have serious consequences. Now the extent of your consequences for failing a drug testing depends largely on whether you are on parole for drug-related crimes.
Failing to meet for an appointment might lead to minor consequences if you have a good reason, but of course, there is no guarantee.
Failing to meet for an appointment might lead to minor consequences if you have a good reason, but of course, nothing is guaranteed. The other major cause of violating is committing another crime or having to face charges of another crime. That can mean anything from minor traffic infractions to Violent crime charges.
Clear Cut Penalties
The obvious concern is that you’ll have to return to prison. That’s usually not the case, and you can rely on a skilled criminal defense attorney in San Diego to help you avoid going back to prison. California has very specific parole conditions, and the most obvious risk of penalty is re-incarceration. Otherwise, it’s really up to the people involved in your hearing.
If your parole was violated because of drug-use, for example, they may offer you the option of taking part treatment rather than re-incarceration. You can also argue that various rights were violated associated with the issues that come with being a parolee. For example, you must submit to a search at any time. However, if you were being targeted or harassed by police, that is not the same as being subject to a random search.
Possible Defenses of Violating Parole
There is a serious matter at hand, but honestly, an accidental violation is a common defense. Did you show up for your parole agent appointment a day late? Call to say that your car refused to start, and you couldn’t make it in? There are many reasons that failing to appear can be fought as long as you can prove that you weren’t doing anything wrong at the time. Things happen, life happens, and the parole conditions in California are so strict that people believe that street.
Will You Go Back to Jail?
It’s most likely that unless your facing allegations of having committed another crime that you’ll have a board hearing. Very similar to the initial parole process, you’ll meet with the board, and they will review any information relevant to the situation. For parole revocation, they’ll show your criminal past and then look at the parole violation.
If you’ve been out for a year and then missed a meeting, then it’s probably not a substantial risk that you’ll go back to jail. However, if you went to jail for charges of drug dealing, then failed a drug test, and drugs were found in a random search, then you will likely have to face more serious consequences. Even if you know that you did nothing wrong, you will need to go through this process.
Should You Call Your San Diego Criminal Defense Lawyer if You Violate Your Parole?
San Diego Criminal encourages any who has faced criminal charges to get the legal help that they need to stay out of prison. Legal advice is helpful, but it doesn’t guarantee any positive outcome. Instead, it looks at your case, accusations, and parole violations to determine the best course for a positive outcome.
Call our law firm if you’re worried that you could possibly be sent back to prison for a parole violation. You don’t want to leave these things to chance, especially since the state doesn’t need to prove very much in these situations, and you’re not going through the full criminal investigation and trial.