Criminal Violations of Probation and Parole May Result in Penalties

 Posted on May 10, 2022 in Criminal Law

Those who are involved in criminal cases will often struggle to protect their rights, including when they are placed under supervised release. There are many cases where those who are convicted of crimes may receive an early release through parole, or they may be sentenced to special parole in addition to serving a prison sentence. In other cases, a person may be sentenced to probation or other forms of conditional release. Those who are on parole or probation are subject to multiple types of restrictions, and they can face additional prison sentences or penalties for a probation or parole violation. This is a serious concern for many people, and a recent study has found that criminal violations of parole or probation account for around two thirds of all prison time sentenced by state and federal courts.

Sentences for Criminal Violations of Probation or Parole May Result in Double Punishment

Many criminal justice advocates focus on the penalties that people often face for “technical violations” of probation or parole. These may include issues such as failure to meet curfew requirements or to show up on time for meetings with a parole officer. While this is a significant issue that often results in the revocation of probation or parole, a study by a law professor at Penn State has found that criminal violations are another issue that may affect the rights of people in these cases.

Criminal violations include any new criminal charges that a person faces while they are on parole or probation. Most of the time, the conditions of supervised release that are put in place by a court will require a person to obey all laws. If a person is accused of violating any laws, they may not only have their probation or parole revoked, but they will often face additional prison sentences for committing a criminal violation, as well as sentences for new criminal charges. This can result in “double punishment,” and sentences may greatly exceed what would have been appropriate based on the crimes a person is accused of committing.

In the study, the professor argued that the prosecution of criminal violations of parole and probation violates people’s rights in many cases. Revocation of a person’s supervised release and the imposition of a new sentence for a criminal violation may be used to send a person back to prison, even if they are not prosecuted for new crimes they are accused of committing or if they are found not guilty of these offenses.

Contact Our Hartford Probation Violation Attorney

People sentenced to probation or parole will face a number of difficulties as they work to reintegrate into society, and unfortunately, they may feel that they have few options for defending against accusations that they have committed criminal offenses or other types of violations. At the Woolf Law Firm, LLC, we provide legal representation for those who have been accused of violating the terms of supervised release, and we work to help our clients protect their rights and avoid additional sentences or other penalties. To learn more about how we can help defend against criminal charges or other types of violations, contact our Connecticut criminal defense lawyer at 860-290-8690. We provide free consultations, and we work to ensure that our clients’ rights are protected at all times.

Sources:

https://thecrimereport.org/2022/03/28/how-crime-on-parole-drives-mass-incarceration-study/

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4034991

https://www.psu.edu/news/penn-state-law/story/punishments-violating-supervised-release-may-violate-constitutional-rights/