What Are the Most Common Parole Violations?

When serving jail time, you may be eligible for parole, allowing you an early release from prison. While this can be a great relief, parole comes with many conditions. For months or years, you will need to check in with your parole officer, be open for random searches and drug tests, and face limits on where you can go. Violating the terms of your parole can land you back in jail to serve the remainder of your original sentence.

Even a minor violation can put you at risk of re-imprisonment. If you are facing new criminal charges or have a parole violation hearing, talk to an experienced criminal defense lawyer for legal advice.

The Most Common Parole Violations

Parole is considered conditional release. The criminal justice system provides for early release for those prisoners who meet certain conditions. Those conditions can not be violated. Any parole violation may lead to a warning, increased restrictions, or revocation of your parole, sending you back to jail. Some of the most common parole violations include:

• Arrest for a new crime, even a misdemeanor
• Breaking curfew
• Failing to report to your parole officer
• Failing a drug test
• Skipping community service
• Traveling without permission
• Hanging around with convicted felons you were ordered to avoid
• Failing to find work after getting out of prison

Some of the more common offenses that lead to parole violations include drug crimes and substance abuse charges. If you are dealing with substance abuse and addiction, release to the same environment can expose you to the same problems. Substance abuse or alcohol may lead to a failed drug test, skipping tests, or committing a new crime. Any of these are parole violations.

Technical Violations and Minor Violations

One of the biggest problems for parolees is that a very minor violation can be enough to go back to jail to resume a prison sentence. Sending you back to prison for a technical offense can cost taxpayers and erase the progress you made in trying to get your life back on track. This is one reason it is important to have good legal representation even for minor violations. Minor violations may include:

• Failing a urine test
• Staying out a few minutes past curfew
• Missing an appointment with the parole officer

There are innocent reasons why a parolee could violate parole. Many individuals have to rely on public transportation, and missing the bus, traffic, or a change in service routes could result in being late for an appointment or missing curfew. Failing a drug or alcohol test may have been due to a contaminated test, a false positive, or medication or food that showed a positive result. Minor violations should not result in sending you back to prison after you start to get your life back on track.

What Happens After a Parole Violation?

The parole board or courts can take back parole after granting it. That means returning to prison to continue your sentence. The parole officer may make the initial decision after an alleged violation to refer you for a preliminary hearing. If the board finds probable cause that you violated the terms, you will have a parole revocation hearing.

Under due process, you are eligible to have legal representation at a parole revocation hearing. Your lawyer can represent you at the hearing before the parole board. Your attorney may challenge the evidence and present evidence to show doubt that there was a violation or provide a reasonable cause for the violation that was unavoidable or innocent. After hearing the evidence and testimony, the parole board can decide to:

• Allow you to remain on parole
• Modify your conditions of parole
• Revoke your parole and send you back to prison

If the parole board revokes parole, you may still be able to file an appeal. There may be limited grounds to file an appeal, so talk to your criminal defense attorney for help.

Criminal Defense Lawyer Help After a Violation of Parole

If you are concerned about the terms of your parole, you may be able to petition the court to change the terms. The court may be more willing to relax the restrictions after you serve a certain amount of time without any parole problems. You may also be able to get permission from your parole officer or the court to travel outside the state.

If your parole officer claims you are violating your parole conditions, it’s important to consult with an experienced criminal defense lawyer who has experience handling cases like yours. Do not count on talking your way out of a violation. It is important to have an advocate who knows how this process works in your corner to protect your rights and best interests.