Being on parole means you are required to adhere to various conditions, such as maintaining employment, to remain in the community. Violating a condition of your parole could result in stricter conditions or additional incarceration. A Charleston parole violations lawyer could help you if you are facing possible penalties for a parole violation.
A lawyer could review the circumstances of the alleged violation to determine if it was possibly the result of a misunderstanding. An attorney could also represent you during a parole revocation hearing and help you fight any allegations brought against you.
Terms and Conditions of Parole in Charleston
Individuals who are granted parole in Charleston are required to adhere to several strictures and limitations. Some of the standard conditions all parolees must adhere to include:
- Refraining from committing new criminal offenses
- Maintaining valid employment while on parole
- Submitting to random and unannounced visits from the parole agent at any time
- Obtaining approval from the parole agent for any job or residence changes
- Refraining from drug use or excessive alcohol consumption
- Not being in possession of firearms or other dangerous weapons
- Not associating with individuals who have a criminal record
What are Special Conditions of Parole?
Special conditions of parole are specific to each parolee, and not all parolees are assigned special conditions. Special conditions are sometimes based on the nature of the offense for which the parolee was convicted or on the particular needs of a parolee. Examples of special conditions assigned to certain parolees include the successful completion of a substance abuse treatment program or participation in a mental health care program.
Whether an individual on parole is accused of violating a standard or special condition, a Charleston attorney could help that person fight the allegations and preserve their freedom.
Preliminary and Final Revocation Hearings in Charleston
Individuals accused of violating the conditions of their parole in Charleston are entitled to both a preliminary hearing and a final revocation hearing. The objective of the preliminary hearing is to determine if there is evidence that the parolee willfully violated the conditions of parole so that the revocation process should continue. If it is determined that there are reasonable grounds for proceeding with the revocation process, then a final revocation hearing will be scheduled.
The final revocation hearing provides parolees an opportunity to have legal representation, present evidence in their defense, and cross-examine witnesses. A local parole violations lawyer could provide legal representation during a final revocation hearing.
In the Case of Parole Violations Due to a New Offense, What Would Happen?
Parole violations are not always the result of failing to adhere to the standard or special conditions of an individual’s parole. Committing a new criminal offense also constitutes a violation of parole. In addition to being returned to custody to serve the remainder of the original sentence behind bars, a parolee who committed a new offense is also likely to receive an additional sentence for that offense, if convicted.
Parolees convicted on new criminal charges are not necessarily entitled to a preliminary revocation for violating parole, as they were afforded their due process rights during the criminal trial for the new offense.
Speak with a Charleston Parole Violations Attorney
Even if you are not charged with committing a new crime, you are still entitled to certain due process rights during the parole revocation process. A Charleston parole violations lawyer could protect your due process rights during both the preliminary and final revocation hearings and work to preserve your freedom. Contact an attorney today.