What Are the Consequences of Violating Parole?
Violating parole in Pennsylvania is a matter of grave consequence, affecting not only the individuals involved but also their families and communities. When someone is granted parole, it represents a significant step in their rehabilitation process, offering them a chance to reintegrate into society and rebuild their lives. However, navigating the conditions of parole can be challenging, and unfortunately, violations do occur.
How Does Parole Work in PA?
In Pennsylvania, parole is designed as a supervised period outside of incarceration, where the parolee must adhere to specific conditions set by the parole board. These conditions are tailored to each individual, aiming to facilitate their successful reintegration into society while minimizing the risk of reoffending. Regular meetings with a parole officer, maintaining employment, and avoiding criminal activity are common conditions that parolees must satisfy. Adherence to these conditions is crucial, as any violation could result in severe repercussions, including the possibility of being returned to prison.
Types of Parole Violations
Parole violations in Pennsylvania are classified into two main categories: technical violations and substantive violations. Technical violations refer to breaches of specific conditions set by the parole board, which do not necessarily involve committing a new crime. These can range from missing scheduled meetings with a parole officer, failing drug tests, not adhering to set curfews, or failing to maintain employment. While these infractions might seem minor, they can significantly impact the parolee's standing and lead to consequences such as increased supervision levels or, in severe cases, re-incarceration.
On the other hand, substantive violations involve the commission of a new crime while on parole. This type of violation is considered more severe than technical violations because it suggests that the parolee has not only breached the conditions of their parole but has also reverted to criminal behavior. Substantive violations directly question the effectiveness of the parole system in rehabilitating offenders and protecting public safety. Consequently, these violations typically result in more serious penalties, often including a return to prison to serve the remaining sentence, with the potential addition of time for the new offense.
Consequences of Violating Parole
The consequences of violating parole in Pennsylvania cannot be overstated, as they significantly impact the individual's life and their prospects for future reintegration into society. Upon a violation, the parole board is tasked with determining the severity of the breach and the appropriate response, which could range from additional conditions being imposed to complete revocation of parole. The decision is influenced by factors such as the nature of the violation, the parolee’s history and behavior up to the point of the violation, and the potential risk posed to the public. It's a complex process that aims to balance the need for public safety with the goal of rehabilitating the parolee.
A parole violation could result in the following:
- Increased supervision and more stringent conditions, aiming to provide greater structure and support to prevent further violations.
- Temporary revocation of parole and short-term incarceration serve as punitive measures and deterrents against future breaches.
- Complete revocation of parole and return to prison to serve the remainder of the original sentence, possibly with additional time if a new crime was committed.
Understanding the consequences of violating parole underscores the importance of compliance with the conditions set by the parole board. It is not only a legal obligation but also a critical step in the parolee's path toward successful reintegration. Failure to adhere to these conditions can unravel the progress made, affecting not just the parolee but their families and communities.
The Impact on Rehabilitation and Reintegration
The impact of a parole violation on an individual's rehabilitation and reintegration process cannot be underestimated. When parole is revoked, the progress made towards rebuilding one's life outside of prison walls can come to a screeching halt. This setback affects the parolee's job prospects, housing stability, and personal relationships and can significantly diminish their morale and motivation toward rehabilitation. The psychological impact of returning to incarceration, especially after experiencing the freedom of parole, can lead to feelings of hopelessness and frustration, which are substantial hurdles on the path to successful reintegration.
Strategies for Avoiding Parole Violation
Avoiding parole violations requires a proactive approach and a commitment to positive life changes. Parolees should prioritize communication with their parole officers, understanding that these professionals are not just overseers but also supporters in their reintegration process. Establishing a robust support system is crucial, involving family, friends, and community resources that offer emotional and practical assistance. Engaging in constructive activities such as employment, education, or vocational training can also provide a sense of purpose and direction, significantly reducing the risk of recidivism.
Key strategies for avoiding parole violations include:
- Regular communication: Keeping in constant touch with the parole officer, promptly notifying them of any changes in address, employment status, or other significant life events.
- Employment: Actively seeking and maintaining employment is not only a common parole condition but also crucial for rebuilding a stable life.
- Support networks: Building and relying on support networks, including family, rehabilitation groups, and community organizations that can provide guidance and assistance.
- Compliance with conditions: Strictly adhering to all parole conditions, including curfews, drug tests, and attending mandated counseling or rehabilitation sessions.
- Positive lifestyle choices: Making conscious decisions to lead a positive lifestyle and avoiding associations with individuals or environments that may increase the likelihood of re-offending.
By focusing on these strategies, parolees can significantly improve their chances of successfully completing parole, thus paving the way for a more stable and fulfilling life post-incarceration.
Legal Procedures Following a Parole Violation
When a parole violation is suspected, the following legal procedures are designed to ensure fairness while addressing the breach. Initially, the parolee may be detained, and a preliminary hearing is typically scheduled to determine if there is probable cause to believe a violation has occurred. This hearing is a crucial step in the process, offering the parolee an opportunity to present their case, sometimes with the assistance of legal representation. Depending on the outcome, the case may proceed to a final revocation hearing, where more detailed evidence and testimonies are presented. At this stage, the parole board will make a final decision regarding the severity of the violation and the appropriate course of action, which may include reinstating parole under original or modified conditions or revoking parole and ordering the parolee to serve additional time in incarceration.
In the high-stakes situation of a parole violation, where the individual's freedom and future are on the line, the guidance and advocacy of a seasoned criminal defense attorney are invaluable.Such attorneys bring a wealth of knowledge and experience that is crucial for navigating the complexities of the legal system, protecting the parolee’s rights, and presenting a strong defense. An adept criminal defense lawyer can effectively communicate with parole boards, argue for reduced penalties, or even argue for the continuation of parole under the same or revised conditions. Their experience with similar cases provides them with the insights necessary to develop a strategic approach aimed at achieving the best possible outcome for the parolee.
At Scaringi Law, our team of attorneys has represented clients facing various criminal charges, including parole violations. Our experienced lawyers understand the gravity of these situations and are committed to protecting our clients' rights while pursuing the most favorable outcome. We offer a personalized approach to each case, providing individualized attention and tailored strategies specific to the client's unique circumstances.
If you or a loved one is facing a parole violation, do not hesitate to contact usat (717) 775-7195 to schedule a consultation.