November 8, 2024 | Criminal Law
Most prisoners in Lexington, KY are eligible for parole at some point while serving their sentence. Even if someone is eligible for parole, this doesn’t mean the Kentucky Parole Board will grant the request. There is a vigorous process for requesting parole, and many people will make multiple requests before it is granted.
When someone is finally granted parole, there are many rules that they must follow to stay out of prison. Sometimes, these rules are difficult to follow, and people slip up. The worst-case scenario is violating parole and ending up back in prison. Keep reading to get an overview of parole and the possible consequences of a parole violation.
What Is The Difference Between Probation And Parole?
Parole and probation are very similar processes. The main difference is that parole happens after someone serves a portion of their prison sentence, while probation is ordered as part of the criminal sentence.
If someone has served the minimum portion of their sentence, they are eligible for parole. At that time, they can request parole from the Kentucky Parole Board, which has the authority to grant or deny parole. If someone violates parole, they will have a hearing before the Parole Board.
Alternatively, a trial court judge may sentence someone to probation. A judge may impose a probationary period as part of a sentence, either instead of prison time or after serving a certain portion of the sentence in jail. If someone violates probation, the hearing is usually before the trial judge.
The conditions while on probation or parole are similar. Most people are ordered to follow a certain set of rules to avoid getting any further criminal convictions. The rules could include drug testing, mental health or substance abuse treatment, curfews, and regular check-ins. The consequences for both a parole and probation violation could include being sent to jail.
Parole Revocation Process
If you are on parole, you are assigned a parole officer. If the parole officer has probable cause to believe that you violated the conditions of your parole, they will issue a notice of probable cause hearing. A probable cause hearing is a hearing before the administrative law judge, who decides whether there is probable cause for the alleged violation.
You have the right to bring counsel to represent you at the parole revocation hearing. During the hearing, the parole officer will present evidence of the violation, and you can refute the evidence and present your own.
If the court finds no probable cause, you can continue on parole as before. If the court finds probable cause, a warrant is issued, and there is a final revocation hearing. At the final revocation hearing, the board will decide whether or not there was a violation and whether it warrants revoking your parole.
Consequences Of Violating Parole
If the board finds that you violated parole, there will be consequences. The most serious consequence is revoking your parole. However, the board may impose other consequences as they deem appropriate. These consequences could include:
- A warning
- Revoking your parole and sending you back to prison for the remainder of your sentence
- Referring you for substance abuse or mental health treatment
- Performing community service
- Increased reporting
- Electronic monitoring
- Curfew
The parole board will take the violation and circumstances into consideration when deciding the consequence. If the violation was relatively minor, you are more likely to receive a warning or minimal punishment. If the violation was a new criminal conviction or a serious violation, then you are likely to be sent back to prison.
If you are at risk of a parole violation, a Lexington criminal defense attorney can represent you at all hearings. They will help present mitigating evidence to convince the Parole Board that you have not violated your parole and should not go back to prison.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212
Lexington, KY 40507