Parole Violation in Las Vegas: Consequences & Defenses
After serving time in a state or federal prison, many prisoners are released on parole. While on parole, a parolee is supervised and subject to numerous restrictions and conditions. A violation of parole in Las Vegas can lead to severe consequences, including a return to incarceration.
What Is Parole?
People often use the terms “probation” and “parole” interchangeably when, in fact, they are not the same thing. Probation is a sentencing alternative that can be used in addition to, or in lieu of, a term of imprisonment. Parole is a period of supervision that follows a prison term when the prisoner is released early. For example, if you are sentenced to a term of 20 years but are released after 15 years for good behavior, you might be required to serve the remaining five years on parole. While on parole, the Nevada Department of Public Safety supervises parolees who are required to abide by various conditions, such as maintaining employment, refraining from drug and alcohol use, and avoiding a new arrest.
Common Parole Violations
Often, a parolee has spent years, even decades, behind bars, making the transition to civilian life difficult. Add to that, the numerous conditions placed on a parolee and parole violations become even more likely. While there are numerous ways in which a parolee can violate parole, some common violations include:
- Failing a drug screen.
- Failing to obtain or maintain employment.
- Failing to report to a parole officer.
- Associating with known felons or criminals.
- Leaving the jurisdiction without permission.
- Failing to register as a sex offender (if required).
- Getting arrested for a new offense.
What Happens at a Parole Violation Hearing?
When there is an allegation that a parolee has violated parole, the Parole Board issues a written order that serves as an arrest warrant. After the parolee is arrested, a probable cause inquiry is conducted. Assuming that probable cause is found to exist, a hearing is scheduled in front of the State Board of Parole Commissioners. A parole violation hearing is similar to a criminal trial in that the parolee is entitled to be represented by an attorney and has a right to testify; however, the standard of proof for a parole violation is significantly lower than for a criminal conviction. In a criminal trial, a judge or jury must find the defendant guilty beyond a reasonable doubt to enter a conviction. At a parole violation hearing, the Parole Board must only find substantial evidence of a violation to violate the parolee.
Potential Consequences of a Parole Violation
If the Parole Board finds that a violation did not occur, the parolee is returned to supervision to finish his or her parole. If the Parole Board finds that a violation did occur, the parolee is typically remanded to prison to finish out his/her remaining sentence. In addition, if you return to prison following a parole violation, you will lose any “good time” credit you accrued before being released. Instead of returning a parolee to prison, the Parole Board can decide to let the parolee complete his/her sentence at home in residential confinement. Residential confinement usually includes electronic monitoring and severely restricts a parolee’s movement to a job, school, doctor appointments, and court-related appearances.
Las Vegas Parole Violation Defenses
A parolee is entitled to legal representation and to present a defense at a parole violation hearing. Although the standard for a violation of parole is lower than for a criminal conviction, evidence must still be presented indicating that a violation occurred. An experienced Las Vegas parole violation attorney may argue that you were wrongly accused or that there is insufficient evidence to prove a violation occurred.
What Should I Do If I Have Been Accused of Violating My Parole in Las Vegas?
If you have been accused of violating parole in Las Vegas, consult with an experienced Las Vegas parole violation attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.