In Pennsylvania, violating parole can result in significant consequences, including being sent back to prison. Understanding the types of violations that can be committed and the possible outcomes is crucial in protecting yourself. If you’re wondering what will happen if you violate parole in Pennsylvania, continue reading and work with a knowledgeable York County, PA criminal defense attorney today.
What is Parole?
Parole is a system that allows convicted individuals to be released from imprisonment before they have served their full sentence. They are released under certain conditions that they must continue to comply with as they serve out the remainder of their sentence in their community.
Common conditions of parole include regular check-ins with parole officers, abiding by a curfew, remaining in a specific geographical area, maintaining employment, abstaining from drugs and alcohol, and more.
Types of Parole Violations?
Pennsylvania distinguishes between two main types of parole violations, technical and convicted. Technical parole violations (TPVs) occur when a parolee fails to comply with the conditions of their parole. For example, if an individual misses curfew, relocates without asking permission, or makes unauthorized contact with a victim, it can be considered a TPV as the parolee acted in opposition to the specific terms of their parole.
Convicted parole violations (CPVs) happen when a parolee commits a new crime while on parole. A condition of every parole is to obey all laws and abstain from criminal conduct. If an individual breaks the law while on parole, they could be considered in violation. The crime must be punishable by imprisonment, and the parolee must be convicted or plead guilty in order for it to be considered a CPV.
What Happens if I Violate Parole in PA?
If your parole officer has reasonable grounds to believe that you violated your parole, they can file a violation report to the Pennsylvania Parole Board to initiate legal proceedings. You will attend a preliminary hearing where it will be determined whether there is enough evidence to prove probable cause that you are in violation of your parole.
If the answer is yes, you may be detained, and a violation hearing will be scheduled. This hearing will take place within 120 days of the preliminary hearing. The Hearing Examiner or a panel will determine whether there is a preponderance of evidence proving your violation. For CPVs, you will attend a detention hearing to settle the matter of your new criminal offense.
If you are found to be in violation of parole, you could face several legal penalties. You could be permitted to continue on parole without any changes, or the panel could impose more stringent or additional conditions for you to comply with.
However, your parole could also be revoked. In this case, you could be sent back to prison. The consequences you receive will be based on the specific circumstances of your situation and the type of violation you committed. To learn more and secure legal representation, contact an experienced criminal defense attorney today.
