If you have been accused of a parole violation in California, then you should reach out to My Rights Law without delay. My Rights Law's crimes against justice lawyer is highly experienced in parole violations cases similar to yours. We will carefully review your situation and aggressively defend you. Put your case in the right hands by calling My Rights Law at (909) 340-2000 or leaving a message on our secure contact form for a free, confidential consultation.
Parole is a type of supervised release. An inmate released from California state prison must follow certain conditions as part of their parole. If they do, then they can stay out of prison for the duration of their parole and ultimately gain freedom.
However, parole comes with many conditions which you must follow. And if you violate any of them, you could end up right back where you started—behind bars. This is a serious situation, and we encourage anyone with questions to contact My Rights Law. We are a group of experienced California parole violations attorneys who can jump in and defend your freedom. It is possible to stay out of prison when you violate parole, but you need a seasoned advocate's help.
Parole is usually standard after a prison term. An inmate will be paroled once they serve their sentence unless they are a risk to public safety. However, others receive parole from the state's Parole Board.
The former inmate now on parole is called a "parolee." They must abide by conditions and requirements set by the parole board. Here are some common ones:
An inmate will need to agree to conditions such as these before being released.
Any parolee who violates a condition or term of parole can be sent back to California state prison for a year. However, they will have a parole revocation hearing (also known as a parole violation hearing) first.
The purpose of the revocation hearing is to determine:
As you can see, being sent to state prison is not automatic. You have an opportunity to argue that you didn't violate parole or that any violation was too minor to warrant revocation.
As a parolee, you have certain due process rights, such as the right to a written notice of your alleged violation and the opportunity to present evidence and be represented by an attorney.[4] We encourage you to take full advantage of these rights.
This hearing is held either before the deputy commission or the entire parole board. Evidence against you will probably consist of an officer who arrested you, your parole officer, or any witnesses. For example, if you are picked up for DWI while on parole, the arresting officer might testify and introduce evidence from a chemical test.
You can also present evidence on your behalf. Your attorney can cross-examine any witnesses testifying against you and have your witnesses testify.
The proof of a parole violation that the prosecutor must show is lower in a parole revocation hearing than it was for your criminal trial. In a criminal trial, you can only be convicted with proof beyond a reasonable doubt. By contrast, the standard in a parole revocation hearing is a preponderance of the evidence. Essentially, this means it is more likely than not that you violated your parole.
Yes. You can go back to jail for up to one year.[5] If you broke a new law (instead of simply violating a condition of parole), the state could also bring new criminal charges against you.
Then you continue with your parole and, if all goes well, will complete it with no further allegations against you.
Yes. We can fight to keep you out of prison by raising many different arguments:
One small mistake on parole shouldn't send you back to jail. My Rights Law is committed to ensuring that parolees receive fair treatment through the revocation process. This is not the time to try and defend yourself on your own. For more information about probation and parole violations, contact a criminal defense attorney at My Rights Law today by calling (909) 340-2000 today or contact us by completing our secure web form for a free, confidential consultation.
Other crimes against justice we defend include: Resisting Arrest, Probation Violation
FOOTNOTES
[1] California Penal Code 3003 PC.
[2] California Penal Code 3067 PC.
[3] See In Re Hudson, 143 Cal.App.4th 1 (Cal. Ct. App. 2006) (upholding ban on use of internet for a defendant who was convicted of lewd contact with an 11-year-old boy).
[4] Valdivia v. Schwarzenegger, 599 F.3d 984, 989 (parolees have certain due process rights, such as the right to confront a witness).
[5] California Penal Code 3057 PC.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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