Parole is one of the justice system's most beneficial forms of reintegration into society after you have served your time for breaking the law. That being said, there's a lot to parole that most people don't understand, especially when it comes to what happens if you violate it. Our focus at DuBois Law is to educate individuals in Buffalo and Western New York, while also teaching them about the services we can provide to defend them. We also work with you to defend you even after you've broken the law, ensuring you're welcomed back into society with open arms and understanding how to stay within the terms of your parole.

In this blog, we will explain what parole is, how it works (specifically here in Buffalo and WNY), and also run through what happens if you violate it.

What is Parole? How Does it Work?

Parole is the conditional release of an incarcerated person before they have completed their full sentence, allowing them to serve the remainder of their time in the community under supervision from law enforcement. So just because it's an early release by the location you're in doesn't mean it's an early release from the time that you're serving for having broken the law.

Here's how it works: 

Before the process of parole begins, you have to receive eligibility for it. This can be based on how long your sentence was, what specific crime you committed, your past criminal history, or if you have good behavior while serving time. Here in the state of NY, a crime that is much more serious than others, like first-degree murder, might prevent you from gaining parole. If it's a serious offense, particularly a violent one or anything else that involves harm to another human being, then that's also included.

Because of this ability to be let out early if you receive the eligibility, there are certain restrictions placed on you, such as curfews, regular check-ins, and other heavy monitoring from your assigned parole officer.

What Happens When You Violate Parole

Other than the more parole officer-based portion of supervision, there also comes a personal responsibility with upholding your parole and not making any bad decisions that would violate it. Some violations would include not remaining sober, not remaining drug-free, or not substantially complying with curfew. If you commit another crime while on parole, the consequences are, of course, much worse, and you will be put on parole revocation.

The outcome of what happens depends on the severity of the violation/crime committed and the final decision made by a court hearing. You may potentially be imprisoned again for the remainder of your sentence or face even stricter supervision.

Misdemeanor Violation

Now let's talk about something even bigger with a type of violation, a misdemeanor. It's a criminal offense less serious than a felony and serves a year in jail, 3 months, or otherwise, based on the specifics of the crime. Like with some of the other violations, you will receive jail time, but you'll also receive a detention without bail. Detention without bail means you can be held in jail until your next trial because the judge might have determined that no bail conditions can reasonably assure your appearance in court or protect the safety of the community that was affected by the crime.

Felony Violation

Committing a felony crime in general can bring serious penalties, but if you do it while on parole, it can be an even bigger headache to deal with. New forms of criminal charges will be brought forward, your original parole will be suspended or, more likely, revoked, and then you'll be reincarcerated for the remainder of your original sentence. Potential to be held without bail will also factor into the trial, pending what happens from the hearing.

Missing Your Parole Checkup Appointment

One of the most important terms set within being allowed parole is that you always make it to your checkup appointments with your parole officer. One of the best ways to avoid a potential write-up from the officer is if you have a good relationship with them and promise to meet with them as soon as possible, regardless of missing the exact date.

You will receive that first warning the first time you miss it, and then after that, you will be subject to a full hearing on how to handle your parole moving forward. You may see an increase in the frequency of your check-ins or, worse, receive your original jail sentence without parole through a revocation.

So you're probably asking, how does a defense attorney get involved with a parole violation? Are they allowed to be a part of it? Yes, we are! Those parole hearings that you could be a part of if you're involved in a violation are where we will be to guide and help you, and we can even guide you through the post-release process afterward.

Our job is not to judge; our job is to understand, to learn, and to defend you where you need it the most. Please reach out to us if you have any questions or are in need of a defense. As we outline on our contact page, the best way to get in touch with us is by giving us a call or reaching out through our contact form with ANY questions you may have.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.