What is a Parole Violation Hearing?
Were you released on parole, only to face allegations that you have violated the terms of your parole? If so, you are now likely facing a parole violation hearing, at which your future will be decided. Parole violation hearings can be extremely stressful for parolees and for their families, especially since the outcome of the hearing could be a violation of their parole — they could be required to return to prison to complete their sentence. Given the seriousness of a parole violation hearing and its potential results, it is crucial to work with a parole attorney in Indianapolis to prepare for the hearing. Our firm can help you to defend against the parole violation allegations at your hearing, and we can help you to understand what to expect going forward.
How Does Indiana Law Define a Parole Violation Hearing?
Under IC 11-13–6-9, a parole violation is a hearing before the parole board “to determine whether a violation of a condition of parole has occurred and, if so, the appropriate action.”
When Does a Parole Violation Hearing Occur?
The timeline for a parole violation hearing is outlined under IC 11-13–6-9 and IC 11-13-3-10. When a parolee is alleged to have violated the terms of their parole, they must “be afforded a parole violation hearing by the department within sixty (60) days after his arrest” if they are currently confined, or “within one hundred eighty (180) days after the date an order was issued for his appearance at a parole violation hearing or the date of his arrest on the parole violation warrant, whichever is earlier,” if the parolee is not confined.
What Should You Expect During a Parole Violation Hearing?
The hearing will occur before at least one member of the parole board. During the hearing, there will be a determination of whether or not the violation occurred. The parolee will be able to present evidence to show that they did not violate any of the conditions of their parole, or mitigating evidence to explain extenuating circumstances that resulted in the violation.
If the determination is that the parolee did not violate any of the conditions of parole, based on the evidence presented, then the charges of a parole violation will be dismissed. If a violation is found, then the outcome will depend on the type of conviction for while the parolee was originally serving time and the details of the violation. Possible outcomes with a found violation include:
- Continue the parolee on parole without modifying the conditions of parole;
- Continue the parolee on parole with modifications to the conditions of parole;
- Revoke parole and order the parolee to return to confinement.
Contact an Indianapolis Parole Attorney for Assistance
If you must go before the parole board, it is essential to have an advocate on your side. These hearings can be complicated, and your freedom is likely at stake. To seek advice today from an attorney at a firm with extensive experience handling parole cases, you should get in touch with one of the Indianapolis parole lawyers at Rigney Law LLC. We can speak with you today about the details of your parole violation (or allegations of the violation), your parole violation hearing, and how we can help you. Contact us today for more information.
Sources:
law.justia.com/codes/indiana/title-11/article-13/chapter-3/section-11-13-3-10/
casetext.com/statute/indiana-code/title-11-corrections/article-13-probation-and-parole/chapter-6-parole-and-discharge-of-delinquent-offenders
