TOLEDO PAROLE VIOLATION LAWYER
BEEN PICKED UP OR ACCUSED OF A PAROLE VIOLATION?
Parole allows those who have been incarcerated to be released early from prison so that they can finish out their sentences at home. Parole helps reduce the congestion in Ohio’s prisons and possibly creates a smoother transition for the convict to get integrated back into society.
Probation is similar to parole, except a person serves probation instead of ever going into jail. Both parole and probation, however, come with certain conditions. These are rules that you must follow, and you could end up in jail if you violate any of them. At Groth & Associates, we help people accused of parole and probation violations. Please reach out to us if you have been picked up or accused of a violation.
A judge can order many different conditions, and you should have been given a copy of all of them so you know exactly what you need to do. Some of the more common conditions include:
- Attending meetings with your parole officer
- Paying fines or restitution
- Attending court-ordered classes
- Not possessing a firearm
- Submitting to regular or periodic drug or alcohol tests
- Continuing to attend school or maintain employment
- Reporting when there is a change of employment status
- Not leaving the jurisdiction
- Not committing an additional criminal offense
- Performing community service
If you violate one of these conditions, you can be arrested without a search warrant. You can also have your parole revoked.
In our experience, many people struggle avoiding alcohol and drugs. It is easy to slip up and smoke something you shouldn’t have or to get caught with a few grams of marijuana. Although you might not think this is a major crime, the fact is that you are on parole when you commit them. Part of being on parole is proving that you can follow the law.
Fighting a Violation
YOU CAN BE ORDERED BACK TO JAIL FOR VIOLATING THE CONDITIONS OF YOUR PAROLE PROBATION.
Parolees face an uphill task if they have been arrested for a parole violation. For one thing, the state does not have to prove you guilty beyond a reasonable doubt to send you back to jail. Instead, the burden is much lower—”preponderance of the evidence,” which basically means it is more likely than not that you committed the violation. If the state can meet its burden, then you can be ordered back to jail for violating the conditions of your parole or probation.
Before having your parole revoked, you can request an administrative hearing. This is not a full-fledged criminal trial with all the constitutional protections you have come to expect. However, you will have a chance to put on a defense which we encourage you to do. It is possible to convince the parole board not to revoke your parole.
Hire an Experienced Parole Violation Lawyer
Although the hearing is only administrative, you still have the right to legal counsel to represent you. Your attorney can try to minimize the damage done because of the violation. For example, your lawyer can point to all your other good behavior, especially if this is your first violation and it is minor in nature, like missing a meeting with your parole officer.
Because the hearing is administrative, you can be forced to testify against yourself. However, a skilled attorney will go over your testimony with you so that you are putting your best case forward. We can also help take some of the “sting” out of incriminating evidence.
Sometimes, the hearing judge might not send you back to jail but will instead modify the conditions of parole. As an example, you might be ordered to take more regular drug or alcohol testing. Modified parole is often a preferable outcome since it gives our clients a second chance to show they can follow the rules. It will also keep them out of jail.
Violated Your Conditions of Parole? Call Us
Parole provides an opportunity for offenders to reintegrate into their families and communities before the end of their sentence. However, parole is not a right, and you can be sent back to prison for technical violations.
If you know you are about to fail a drug test, or if you have violated some other conditions of your parole, please call us. As experienced Toledo criminal defense attorneys, we routinely receive phone calls from panicked parolees and probationers, and we can swing into action to help you. We also have extensive experience representing parolees in hearings.
For more information, please contact a parole violations lawyer in Toledo at Groth & Associates today. We offer a free consultation, which you can schedule by calling (419) 930-3030.