If you think you may have violated your parole, you should consider contacting your attorney as soon as possible. If you don’t currently have an attorney, you should try and find a qualified criminal defense attorney quickly as well.
Parole violations can lead to serious consequences, including a loss of your parole and a return to prison. Some people take their parole obligations quite seriously. Others, however, don’t take them seriously enough and that can be a bad thing.
If you’ve violated your parole, it really is in your best interest to contact an attorney so you’ll have the right plan moving forward. An experienced criminal defense attorney will know what to do. They will have dealt with other clients who have failed required drug tests or have been arrested for another crime while out on parole.
The attorneys at Pakett Law are able to provide help and direction in the cases, whether for existing clients or new clients. Feel free to contact us today for a free consultation. We’ll work with you to find out what happened and how we can help you. Call 561-318-0531 today.
You may be asking, is violating parole a serious offense?
Yes, violating your parole is a serious matter.
Remember – when you are granted parole, it means you are released from prison before completing your full sentence, but you are under strict conditions. You’re essentially promising to be on good behavior during the length of your parole.
Violating these conditions can lead to significant consequences, including:
You may face re-arrest and a return to prison: The most common consequence is being re-arrested and potentially sent back to prison to serve the remainder of your original sentence.
You may get additional penalties: You could face additional charges or penalties, which might extend your time in prison or add new restrictions to your parole.
You may lose privileges: Violating parole may result in losing certain privileges or opportunities that were granted as part of your parole agreement.
It can have a negative impact on your future parole: If you violate parole, it could make it more difficult to be granted parole in the future, as it shows a failure to comply with legal obligations.
Because of these pretty big possible consequences, it’s important to take parole conditions seriously and comply with all requirements to avoid further legal trouble.
Your parole officer and your attorney should provide those requirements to you and help you meet them.
Ok – how long could you go to jail for violating probation in Florida?
It really depends on the violation (what happened) and the details involved – as well as the strictness of the judge and the capabilities of your lawyer.
Violating your parole carries a maximum penalty of one year in jail in the state of Florida. So if you violate the terms and conditions of your probationary sentence, the judge could decide to sentence you to up to one year in jail. Keep in mind – the judge has a lot of discretion here.
Violation does not automatically result in a return to confinement. Factors include the severity of the violation and its relationship to the underlying conviction. Remember, many probation violations can be actions that are lawful for an ordinary citizen, such as drinking.
Is it easy to prove that I violated the parole?
It could be pretty easy. If you were arrested again for another criminal activity, that’s pretty easy to prove.
The government will meet its burden of proving the probationer violated the terms and conditions of probation. They do this by presenting credible evidence that the violation was both willful and substantial. The standard of proof is similar to the rule of proof used in civil court called preponderance of the evidence.
What are the two possible types of parole violations that can be committed?
Probation violations are commonly divided into two types – technical and substantive.
Technical violations refer to failure to follow rules and don’t involve the commission of a new crime. This might be something like failing a scheduled drug test, a missed check-in with your parole officer or a failure to attend a required counseling visit. Technical violations are the most common types of probation violation
A substantive violation usually means the person committed a new crime while under probation. This is obviously more serious.
What should you know about substantive violations?
- New criminal offenses are not good: This could include any criminal activity, such as theft, assault, drug possession, or driving under the influence.
- You may be looking at serious consequences: Because a substantive violation involves breaking the law, it is treated more severely than technical violations. It can lead to immediate re-arrest and a high likelihood of parole being revoked.
- You may return to prison: The individual may be sent back to prison to serve the remainder of their original sentence, and they might also face new charges and penalties for the new crime.
Substantive violations indicate a significant breach of the trust placed in the individual on parole, leading to serious legal repercussions.
Your “promise of good behavior” was broken and therefore, the court system may not act kindly.
Regardless of what you’ve done to violate your parole, a good attorney can help you.
Here’s how:
You’ll get clarity on understanding the violation if it was unclear what you did
An attorney can help you understand the nature and severity of the violation, whether it’s a technical or substantive violation, and what consequences you might face.
You’ll get defense and representation
If your case goes to a parole violation hearing, an attorney can represent you, present evidence, and argue on your behalf to avoid or minimize penalties.
An attorney can negotiate with the parole officer or prosecutor to potentially reach a resolution that avoids revocation or reduces your penalties.
You’ve got a better chance of limiting your consequences
In some cases, an attorney might be able to advocate for alternative penalties, such as increased supervision, community service, or counseling, instead of being sent back to prison.
An attorney will help you protect your rights
An attorney ensures that your rights are protected throughout the legal process, making sure that proper procedures are followed and that you receive a fair hearing.
It should be obvious, but having an attorney can make a significant difference in the outcome of your case, helping you navigate the complexities of the legal system and potentially reducing the impact of the parole violation on your life.
If you were charged with violating your parole in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.