Convicted defendants sometimes have the opportunity for early release from prison. However, an early release does not mean their sentence is completely over. In most cases, a convicted defendant released early must serve the remainder of their sentence on parole. A convicted defendant released on parole must abide by specific rules and conditions. A violation could result in serious consequences.
Parole violations could see you placed back in prison to serve out the remainder of your sentence. Parole violations may result in hearings where the Board of Pardons and Parole will decide whether a parolee should be returned to prison. Depending on how a parolee pleads, the hearings could include evidence and testimony before the Board makes a final decision. If your violation included a separate criminal offense, you must also face penalties for that offense.
If you have been released from prison early and are now on parole or have violated parole and are unsure what happens next, contact our Salt Lake City parole violations lawyers. We can help you understand the conditions of your parole and handle the fallout from any violation. Call Overson & Bugden today at (801) 758-2287 for a free, private legal consultation.
Punishments for Parole Violations in Utah
When a convicted defendant is released on parole, they must adhere to specific terms and conditions to remain out of jail or prison. These conditions include, but may not be limited to, regular meetings with a parole officer, refusing or failing drug tests, leaving the city or state in which they live, and being arrested for a new criminal offense.
Minor parole violations may be met with punishments like fines or additional counseling or treatment requirements. More significant violations may result in harsher consequences. A serious parole violation could see you put back in prison to serve the remainder of your sentence.
If you are sent back to prison to complete your sentence after a parole violation, rest assured that your original sentence will not be any longer. However, you may face additional prison sentences if your parole violation consisted of new criminal offenses. For more information about the potential penalties for a parole violation, contact our Sandy criminal defense lawyers.
Parole Violation Hearings in Utah
When a parolee is believed to have violated the terms and conditions of their parole, the Board of Pardons and Parole may issue an arrest warrant and have the parolee returned to prison. Much like an ordinary arrest warrant, an arrest warrant for a parole violation must contain probable cause that the violation occurred. If the parolee is indeed re-arrested and returned to prison, a parole violation hearing will be scheduled as soon as possible.
During your parole violation hearing, the Board must provide you with an attorney or you may hire one of your choices. Our Utah criminal defense attorneys can help you fight any allegations of parole violations and hopefully keep you out of prison. How your hearing plays out will depend on how you choose to enter your plea.
If you decide to plead guilty or no-contest to the allegations that you violated parole, the hearing will proceed rather quickly. Testimony is taken from you and your parole officer, and a summary of the hearing is forwarded to the Board for a final decision.
If you instead enter a plea of not guilty, an evidentiary hearing may be set. At the evidentiary hearing, you may be represented by an attorney of your choosing. You will be able to present evidence and testimony disputing any allegations of a violation. You can also confront and cross-examine witnesses and evidence against you. After the evidentiary hearing, the Board will review a summary of the hearing and make a decision.
Contact our Ogden criminal defense lawyers for help arguing against any allegations of violations. We can guide you through the hearing process and work to keep you out of prison.
Can Parole Be Revoked Before You Are Released in Utah?
In most situations, when a person is granted parole, they are not released immediately. Instead, they are scheduled for a release on a date in the near future. However, once a person is granted parole, they must abide by all their parole conditions and the prison rules before they are released. Parolees who violate parole before ever being released may have their parole revoked or the hearing re-decided.
A violation of prison regulations or rules may result in the Board of Pardons and Parole scheduling a new hearing. At the new hearing, the Board will determine if the previously granted parole should be rescinded. You could lose your parole before ever being released. However, a rescission hearing could also lead to the date of your release being pushed back rather than canceled altogether. Call our Orem criminal defense attorneys for help with your violation hearings.
Early Termination of Parole in Utah
Your bad behavior could result in an extended parole time. However, good behavior could get your parole terminated early. Parole termination is not the same as parole revocation or rescission. Revocation results in being sent back to jail or prison to complete your sentence. Termination means your parole and your sentence are complete. However, a parolee eligible for early termination may have that termination rescinded or revoked for a parole violation.
Early termination may only be granted after a full hearing before the Board of Pardons and Parole. To be successful, we must demonstrate at this hearing that you have complied with all the terms and conditions of your parole and have responded well to things like education courses or treatment programs. The fewer parole violations in your history, the better your outcome is likely to be.
If you are granted early termination, the termination date will likely not be immediate and will be set for a date in the near future. You must abide by the terms and conditions of your parole until that date. A violation could see you back in another parole hearing, this time determining if your early termination should be canceled. This hearing is a formal process that follows specific legal procedures, and you will need an attorney to guide you through it. Call our Logan criminal defense lawyers for help with your early termination hearing.
Call Our Utah Parole Violations Attorneys
If you are on parole and are dealing with the consequences of a violation or wish to be considered for early termination, our Utah parole violations lawyers can help. Call Overson & Bugden today at (801) 758-2287 for a free, private legal consultation.
