Parole allows a person convicted of a crime to serve part of their sentence within the community under specific restrictions. A parolee is still under state supervision but no longer remains incarcerated. This system aims to help convicted persons reintegrate into society while keeping them accountable for their conduct. Parolees must follow certain conditions, such as meeting with a parole officer regularly, maintaining employment, not possessing firearms and avoiding further criminal activity. Violating any of those conditions can result in penalties and sometimes in parole revocation proceedings.

There are two main types of parole violations in Pennsylvania: technical violations and new criminal offenses. A technical violation happens when the parolee breaks one or more of the conditions of their parole, such as missing a scheduled meeting with a parole officer, failing a drug test, moving without notifying the parole officer or failing to pay fines and restitution. Technical violations can sometimes lead to minor penalties, such as warnings or temporary confinement, but repeated or severe breaches may result in parole revocation.

The second type of violation, a new criminal offense, has more severe consequences. Even a minor infraction, such as a summary offense, may result in a violation charge. In such cases, the parolee risks both new criminal charges and the potential of returning to prison for the remainder of their original sentence. Pennsylvania takes these violations seriously, as they cast doubt on the parolee’s ability to abide by law and by conditions of release.

A parolee charged with a technical violation has several possible defenses. They may argue that the alleged violation was not willful or intentional. For instance, if a parolee misses a meeting due to a medical emergency or unavoidable transportation issue, they may present evidence to explain the circumstances. Another defense might be to challenge the parole board’s evidence or demonstrate that the board did not follow proper protocols in filing the violation. This could include showing that a drug test was improperly administered or that the officer misreported compliance.

A parolee may also argue that an alleged violation was a result of circumstances beyond their control. If external conditions, such as homelessness, lack of mental health resources or the nature of the job market, prevented compliance with parole terms, this may mitigate the severity of punishment or convince the board to allow the parolee another chance with additional support. Successful defenses can sometimes reduce the severity of penalties or even prevent revocation altogether.

An experienced criminal defense attorney can deliver strong representation to a parolee to defeat unwarranted allegations and advocate for fair dispositions that preserve freedom. 

Phil DiLucente & Associates, LLC defends people in criminal cases throughout the Pittsburgh area, including parole and probation hearings. Call 1.800.GET.PHIL or contact us online for a free initial consultation.