PROBATION & PAROLE VIOLATIONS
Probation and Parole Violations Attorney
Both probation and parole are programs that are designed to allow those with a criminal conviction to serve part or all of their sentences outside of prison and within their respective communities. Violations of either probation or parole can result in serious consequences and can even lead to the reinstatement of a prison sentence. If you have been accused of violating probation or parole, you need the skill of a Shreveport Bossier criminal defense attorney such as Michael J. Vergis. Call 318-698-3724 or reach out online as soon as possible to get the aggressive representation you need to fight these claims.
Parole vs Probation
Both parole and probation refer to the conditional release of a person convicted of a crime, and though the two are used interchangeably, they are not one in the same. So what is the difference between parole and probation?
Parole is different from probation in that it usually requires some jail time before it is to be granted. You may often hear the phrase “___ years in jail without the possibility of parole” in criminal proceedings. A person who does have the possibility of parole may go before a parole board only after serving a designated percentage of their sentence. The parole board will either grant or deny their request for early release in the form of parole.
Probation, on the other hand, does not involve a required percentage of time spent in jail. Instead, it is used either as a suspension or an alternative to a prison sentence. A person on probation will remain under court supervision for a certain amount of time. During this time, they must adhere to strict rules. Failure to comply with these rules could inevitably land them behind bars.
Furthermore, while parole is overseen by the state’s Department of Corrections, probation is overseen by the criminal justice system.
Conditions of Parole and Probation
Louisiana’s conditions of parole for offenders are as follows:
- Report to the Probation and Parole Office no later than 48 hours following release.
- Submit a report by the 5th of every month until parole is completed.
- Report to parole officer when ordered to do so.
- Live at the address indicated on the provided certificate. Before moving from the indicated address, offenders must first gain permission from their parole officer.
- Remain in the state of Louisiana unless otherwise granted written permission from parole officer.
- Do not engage or associate with people who are engaged in criminal activity.
- Avoid bars and casinos and refrain from illegal use of drugs and alcohol.
- Do not possess or control any firearm or dangerous weapon.
- Work at job approved by parole officer. Report to parole officer immediately in the case of unemployment.
- Truthfully and honestly answer all questions asked by parole officer.
- Submit to medical, mental health, or substance abuse exams or treatment when ordered to do so by parole officer.
- Submit to drug and alcohol tests.
- Allow visits from parole officer at place of residence or employment at any given time.
- Allow searches of person, property, residence, and vehicle when reasonable suspicion exists.
- Pay established supervision fees (set by Louisiana Department of Public Safety & Corrections pursuant to the Louisiana Revised Statutes) by the first of each month.
- Waive extradition to the state of Louisiana from any jurisdiction in or out of the United States. Offenders cannot contest any effort made by any jurisdiction to return them to the state of Louisiana.
- Should parole be revoked for any reason, offender must recognize that they forfeit all good time or additional credits earned on that portion of their sentence served prior to the granting of parole. Offender must serve remainder of sentence as the date of their release on parole.
Louisiana’s conditions of probation for offenders are as follows:
- Make a full and truthful report at the end of each month.
- Meet specified family responsibilities, including any obligations imposed in a court order of child support.
- Report to probation officer as instructed.
- Permit probation officer to visit at residence or elsewhere.
- Maintain approved employment or occupation.
- Refrain from owning or possessing firearms or dangerous weapons.
- Make reasonable reparation or restitution to the aggrieved party, if any, for any damage or loss caused by the offense.
- Refrain from visiting unlawful or disreputable places or associating with disreputable people.
- Remain in the specified jurisdiction. Receive permission from probation officer before making any change to address or employment.
- Take part in approved reading program if unable to read the English language.
- Perform community service work as ordered by the court.
- Submit to medical, psychiatric, mental health, or substance abuse examination or treatment when ordered to do so.
- Comply with searches of person, property, place of residence, vehicle, or personal effects at any time with reasonable suspicion by probation officer.
Parole Violation Sentencing
If a person violates their parole, they will first be given a notice of the claimed violation. Next, a preliminary hearing will take place to determine if there was probable cause to warrant the supposed violation. A final hearing will be held before the parole board to establish whether or not the incident was, in fact, considered a parole violation. If the board agrees that it was, the offender will likely be sent back to prison to serve part or all of the original sentence. This is what is known as parole revocation.
Common Parole Violations
The most common type of parole violations are technical parole violations. These are violations that are not new crimes in and of themselves (direct violations), but rather the violation of the terms and conditions of the parole. Common technical parole violations include the following:
- Moving without permission
- Unauthorized contact with victim or victims
- Failure to report to parole officer
- Failure to conduct or pass drug test
- Broken curfew
Failure to comply with any of the parole conditions can result in a technical parole violation and may put the offender back in prison. However, these are simply the most common violations that we see.
Probation Violation Sentencing
The Louisiana Code of Criminal Procedure (CCRP 900) establishes the penalties for offenders who violate probation in Louisiana. If it has been proven that an individual was in violation of the terms of their probation, the court may impose any of the following punishments:
- Increase your supervision
- Add additional conditions to your existing probation terms
- Court-approved community rehabilitation center for up to six months
- Revocation of probation
- Offenders must serve their suspended sentence, with or without credit for the previously served probation time.
- Sentence of up to a year in an intensive incarceration program, after which the offender must return to supervised probation
- Extended period of probation
- Sentence of 15 to 90 days in jail
- Sentence depends on the number of violations committed, whether the offender was convicted for a crime other than one of violence or certain sexual offenses and whether they committed a technical violation of probation.
Common Probation Violations
Probation violations are often similar to those of parole violations. Some of the most common of these include but are not limited to:
- Failing a drug or alcohol test
- Failing to report to assigned probation officer
- Committing a new criminal offense
- Failing to pay required fines or restitution to the victim
- Failing to complete community service requirements
Shreveport Bossier Probation and Parole Violations Attorney
If you have been accused of a parole or probation violation, you need to know your rights. To begin, you must have been presented with written notice of the reported probation violations. If you receive this notice, you have a right to plead your case to a judge in court, where you may present evidence and witnesses for your case. You also have the right to legal representation from a Shreveport Bossier criminal defense attorney.
At the law office of Michael J. Vergis, our main goal is to have the charges against you dropped if at all possible. If you get convicted of these charges, we seek to reduce any penalties levied against you. The best thing for you to do in the case that you’ve violated your probation or parole is to act quickly by hiring a skilled defense attorney to represent you. Contact Attorney at Law Michael J. Vergis today to schedule a free consultation with an experienced probation and parole violations attorney. Call 318-698-3724 or fill out the form below to get started. We look forward to providing you with an unparalleled level of service in a competent and caring manner.