What is a Parole Violation?

When a person is accused of a parole violation, it is critical to seek legal help as soon as possible. Not only can a parole violation allegation cause a significant amount of distress for the person and their family, but it can ultimately result in the person’s freedom being impacted and the person facing penalties if the Indiana Parole Board determines that a violation did occur. If you or someone you love was recently released from prison on parole, it is important to understand the types of circumstances in which parole violation allegations might arise and how to defend against them. Our Indianapolis criminal defense lawyers can tell you more, and we can speak with you today if you need help after being accused of violating the conditions of your parole.

Understanding Parole in Indiana

 To understand how parole violations occur and how allegations of parole violations arise, it is essential to understand what parole involves and how it works. In short, parole is a term that refers to the conditional and supervised release of a person following a term of imprisonment. Parole is a release condition that is in addition to your sentence, versus a term of probation which is part of your sentence.

How long a person is placed on parole and the conditions of their monitoring will depend on the type of offense for which the person was convicted and other factors specific to their case.

Parole Violations and Conditions of Parole

Once a person is released on parole, they must adhere to certain conditions of parole, which can vary depending on the person’s situation. For all parolees, under IC 11-13-3-4, “a condition to remaining on parole is that the parolee not commit a crime during the period of parole.”

In addition, parolees can be required to satisfy other conditions of parole. Those conditions “must be reasonably related to the parolee’s successful reintegration into the community and not unduly restrictive of a fundamental right.” Conditions can require that a parolee reside in a particular area, undergo regular chemical testing, participate in a treatment program, avoid contact with certain individuals, and more.

Under IC 11-13-3-8, a parole violation is typically alleged by an employee of the Indiana Department of Correction who is “assigned to supervise and assist parolees.” When one of these employees alleges that a violation of parole has occurred, they are alleging that the parolee has violated one or more of the conditions of parole. This could mean an allegation that the parolee committed a criminal offense, or that the parolee violated one of the specific conditions of parole in their particular case. The consequences of a parole violation allegation can vary, from a change in the parolee’s conditions of parole to the risk of parole revocation through a hearing before the Indiana Parole Board.

Contact Our Indianapolis Criminal Defense Lawyers for Assistance 

If you are facing allegations of a parole violation and will need to attend an Indiana Parole Board Hearing, it is critical to have a defense lawyer on your side to avoid having additional conditions of parole or having parole revoked. One of the experienced Indianapolis parole defense attorneys at Rigney Law LLC can discuss the details of your case with you today and can help to plan a defense strategy so that you do not incur additional penalties as a result of the parole violation allegations you are facing. Contact our firm today for more information about how we can assist you.

Sources: 

casetext.com/statute/indiana-code/title-11-corrections/article-13-probation-and-parole/chapter-3-parole-and-discharge-of-criminal-offenders/section-11-13-3-4-parole-conditions-expenses

law.justia.com/codes/indiana/title-11/article-13/chapter-3/section-11-13-3-8/