Parole Violation: Simple mistakes, such as failure to check in with your parole officer, failure to pay fines or restitution properly, or other technical violations can never be charged in court. However, in parole proceedings, these mistakes are considered crimes and constitute violation of parole.
If you have violated conditions of your parole, you may be placed in jail where you will not be eligible for bail until the parole violation issues are addressed and resolved. As these violations likely do not mirror the charges you originally faced, the time spent in jail for parole violation will not be credited to your sentence. It is important to have an experienced lawyer who will address these challenges immediately. Attorney Green understands “flat time,” “I-credits,” and “E-credits” and what needs to be done to protect your rights.
After a parole violation, the victim may be ordered to testify at a hearing. These hearings are known as “Morrissey hearings.” They are less formal than a trial, but are required to ensure that probation is not revoked without due process. At a Morrissey hearing, a member of the Parole Hearing Division reviews the evidence of the violation.
In a Morrissey hearing the parolee is present and can question the victim. In some cases, the victim may be interviewed outside the parolee’s presence. When this happens, the parolee can leave a list of questions for the victim to answer. Given the less formal setting, it is important to have an attorney who understands the process to make sure your rights to due process are protected.
Working to Preserve Your Rights and Your Future
San Jose defense lawyer Holden W. Green is a former state appointed panel member for parole hearings and violation procedural matters. The panel is under the CDC (California Department of Corrections) for San Quentin This experience enables the Law Office of Holden W. Green to provide clients with the benefit of his comprehensive knowledge of parole and probation matters. As a private practice attorney, Mr. Green can provide clients with the dedication, loyalty, and personal attention that their specific matter commands.
If you or someone you know is facing a parole (Morrissey) hearing, trust in the experience and commitment of criminal defense attorney Holden Green. He knows the law, the strict deadlines, and the procedures for protecting you-the client. He has helped hundreds of people just like you. Contact the San Jose law firm today for a free 35 minute consultation.