Many times, when people get released from prison, they do so under a temporary “reintegration period.” They go through this period as they transition back into their normal lives. To ensure that convicts avoid bad behaviors and crimes of the past, they oftentimes have to go on “parole.” Parole is similar to probation in that it is a period when a criminal is under the supervision of the state.
Getting charged with violation of probation in Connecticut substantially ups the stakes in your liberty.
Violation of Probation
As I mentioned in the introduction, you can face violation of probation if you do anything against your probation. There are two main types of violation of probation – technical and substantive. A technical violation of probation means that you failed to meet certain conditions outlined by a judge when you went on probation. Some common examples of a technical violation include:
- Failing to meet with your probation officer at the appointed place/time.
- Breaking your curfew.
- Carrying or using a firearm.
- Carrying or using drugs/alcohol.
- Contacting your victims.
- Quitting school.
- Traveling out of the state.
- Not appearing in court at the scheduled time.
If your probation officer learns that you have failed to follow the conditions of your probation, they will report this to the court.
The other type of violation of probation is a substantive violation. This occurs if you commit a new crime while you’re on probation. A universal condition of probation is that you will not commit any new crimes while you are under the supervision of the probation department. If you get re-arrested, even for a minor crime, you risk a charge for violation of probation.
Conditions of Parole
There are a few conditions of parole commonly imposed on parolees. For example, all parolees have to follow state and federal laws, and they usually have to stay in the state that they got incarcerated in until parole ends. In addition, they have to meet with their parole officer on a regular basis. Other common conditions of parole include:
- Actively seeking and maintaining employment.
- Seeking education.
- Advising their parole officer of a change in address.
- Not using or possessing drugs.
- Not using or possessing firearms or deadly weapons.
- Cutting ties with those currently in prison or on parole.
- Submitting to random or regular drug tests.
- Submitting to warrantless searches.
- Refraining from using or possessing alcohol.
- Submitting to polygraph tests.
If parole gets violated, consequences could happen. However, before these consequences get imposed on the parolee, they have the right to a hearing. During this hearing, the prosecution will build evidence against the defendant, and the defendant will have the right to defend themselves. A parole board will determine if the defendant is guilty of violation of parole or not.
What Happens If I’m Charged?
If charged with violation of probation, you might just receive a warning your first time. If you have done something minor such as break your curfew or if it is only your first offense, you might just get a slap on the wrist. However, it is up to the court’s discretion to bring the charge against you, and you could face the probation hearing, during which you can be sentenced for this crime.
At the probation hearing, the prosecution will prove how you violated your probation, and it is your responsibility to provide evidence showing that you did not violate your probation. A judge will determine your guilt or innocence after hearing both sides. If you are found guilty, your probation will be revoked, and you face jail or prison time, fines, and other punishments.
If you are being charged with violation of probation, you need help fighting it. Get help by contacting an attorney.
If found guilty of violation of parole, you could face a number of different punishments. These include:
- Revocation of parole and being sent back to prison.
- Additional conditions of parole.
- Administrative actions.
The punishment involved in the case will depend on how parole was violated and how severe this violation was, as well as the parolee’s general behavior.
For assistance with parole violations, contact us. We can help you with your situation and answer your questions.
Hiring a Lawyer for Parole Issues
Those charged with crimes have the right to a trial by jury and certain constitutional rights. But, you don’t have the same protections when on probation. This is why it is critical to hire an attorney knowledgeable in the law of violation of probation in Connecticut. Also, you need to find a lawyer with a record of tireless advocacy for their clients. That is where Ruane Attorneys comes in.
Our lawyers have decades of experience in handling violation of probation cases in the state courts of Connecticut. By knowing the system, the judges and the prosecutors, as well as having experience with these types of cases, we know a good deal from a bad deal. We can advise you as to your rights and the likelihood of success at a hearing. Also, we can push the state to prove by a preponderance of the evidence that a violation even occurred.
Call a Connecticut Probation Violation Attorney
The right time to contact a Ruane Attorney is immediately upon learning about a violation of probation warrant. We can intercede on your behalf with the probation department to attempt to keep any bond level low, we can assemble the probation records you need to defend yourself, and we can force the state to accurately test any samples that they claim are positive for illegal substances if that is the basis for the violation. If you are violated because you have not made restitution, your finances should be investigated so you can show an inability to pay, and if you are being forced into a program you do not agree with, we can see if there is any flexibility in the terms of your original probation to excuse the lapse.