Parole Revocation Hearings
Parole Revocation Hearings, Colorado Lawyer
Many conditions of parole can be easily and unknowingly violated, so it is understandable why parole conditions are a constant concern to parolees in Jefferson, Arapahoe and Denver County. Everyone who has been sentenced to the Department of Corrections will have to make it through the parole system as part of their release from custody because this supervisory period is mandatory in Colorado. See our Parole from Prison page for more information. Because of the complexities of this system and the fact that the parole revocation process can affect every person being released from custody, the assistance of an experienced attorney is invaluable.
Initiation Of The Parole Revocation Process
The Division of Adult Parole, through an Officer, is responsible for monitoring a parolee while in the community and reporting violations to the Parole Board. Generally, a parolee may violate supervision by committing a technical violation, such as failing a drug test, or by committing a new criminal offense in Adams, Broomfield or Douglas County. The Officer may issue a summons to the parolee to appear for a revocation hearing for certain technical violations but generally will arrest the parolee if they have probable cause to believe they have committed a new offense or if the technical violations are more serious. In cases where an arrest occurs, the parolee may be held in custody without bond until the revocation hearing. Generally, revocation hearings must be held in a reasonable time, not to exceed 30 days after the arrest, but a delay may be granted for good cause.
Parolee Rights With Allegations Of Parole Violations
Because the parolee has already been convicted, they don’t have the same rights that they had during the initial criminal process. For example, they do not have a right to bail or bond. The parolee does not have an automatic right to counsel, although they may hire counsel to attend the hearing and present a defense to the allegations in Boulder, Larimer or Weld County. The standard of proof is also lower than it is for a criminal case and a violation only needs to be established by a preponderance of the evidence. For allegations of new criminal conduct, proof needs to be established beyond a reasonable doubt.
If the hearing officer determines a violation has occurred, parole may be (1) revoked, (2) continued, or (3) continued with modifications of the conditions of parole. When this supervision revoked, the length and place of incarceration are determined by the Board.
Why You Need An Experienced Parole Attorney At Your Side
Having an attorney represent the parolee to either present mitigation or defend against false allegations can be extremely beneficial and can result in not only decreases in the term of incarceration but also alternative placement to a community corrections facility instead of prison. If the accusations involve commission of a new crime, it is critical to seek the advice of counsel regarding fighting those charges, and not make any statements concerning that offense. A guilty plea will result in an automatic revocation and return to DOC imminent.
Don’t take a chance with your freedom. If you have been accused of violating your parole by committing technical violations or new offenses, contact our experienced criminal defense and revocation lawyers today at 303-731-0719. Together, we can protect your future.