After serving a portion of a prison sentence handed down by a Philadelphia judge, convicted criminals may be released under strict supervision known as parole. The terms of your parole will vary based on your criminal history, the nature of the charges that led to the prison sentence, and your behavior and/or accomplishments while serving prison time.
If you have been accused of a parole violation in Philadelphia, hiring an expert criminal defense attorney is essential. Most people who hire experienced, dedicated defense attorneys to work on their cases get reduced penalties for their parole violations.
Types of Parole Violations in Philadelphia
In Philadelphia, there are two primary ways in which parolees can violate the conditions of their parole: committing a new crime or committing a technical violation.
Committing a New Crime
Violating parole through the commission of a new crime is fairly self-explanatory, but there is a wide gray area to consider. Whether you violate your parole depends on the type and severity of the new accusations. For example, if you are ticketed during a traffic stop, or if you commit a crime that requires a court summons rather than your immediate arrest, an experienced defense attorney may be able to argue against a violation.
On the other hand, if the new crime leads to your immediate arrest, and if you are convicted of that crime, this would likely be considered a parole violation in Philadelphia. Not only could you face the penalties, fines, and possible prison sentence for the new commission, but you may also have your parole immediately revoked, requiring you to serve out the rest of your sentence in addition to the sentence for the new crime.
Technical Violations
When you were released on parole, you were given a strict set of conditions and terms that you were required to follow to remain on parole. Things like checking in with your parole officer regularly, submitting to random drug tests, avoiding all contact with the victims of the crime you committed, allowing searches of your property, and maintaining gainful employment are all common conditions for parolees in Philadelphia.
The nature and seriousness of the technical violation often impacts the potential penalties. For example, failing to meet with your parole officer on time due to an unavoidable obstacle – such as being hospitalized for a serious injury or illness – may result in no penalties at all as long as it can be proven in court. However, repeatedly failing drug tests or contacting the victims of the initial crime may lead to the revocation of your parole.
Potential Penalties for Violating Parole
If you have been accused of violating parole in Philadelphia, the consequences are varied and often depend on your unique situation. Most often, parolees who are accused of being in violation will attend two Gagnon hearings to determine whether detention is necessary and whether the parole violation actually took place.
Gagnon I Hearing
The first hearing, called a Gagnon I or detainer hearing, determines whether your parole violation offense requires your detention until the second hearing. The court must determine whether there is enough probable cause to hold you responsible for the violation and whether or not the nature of the violation requires your detention. Experienced defense attorneys will attempt to persuade the court that the probable cause does not exist, and failing that, they will fight to prevent incarceration until the second hearing.
Gagnon II Hearing
At the Gagnon II hearing, the court works to decide whether your parole was actually violated. If you have been accused of and charged with a new crime, this hearing is not a trial for that crime; a separate criminal case and trial will ultimately determine your guilt or innocence. Rather, during the Gagnon II hearing, the court’s purpose involves determining if enough facts exist to revoke your parole or impose another, more appropriate penalty.
Common Defenses for Parole Violation Charges
If you have been accused of a parole violation in Philadelphia, even if you have already been arrested, contacting an experienced criminal defense lawyer is the best course of action. These individuals defend you at both Gagnon hearings and use a variety of defenses to have the charges reduced or even dismissed.
If the prosecution cannot prove probable cause, federal law requires your immediate release from custody. Criminal defense attorneys often argue the prosecution’s lack of evidence, which negatively impacts their probable cause. Furthermore, attorneys may also point out your history of adhering to the terms of your parole. The longer you have been on parole without a violation, the better this defense can work in your favor.
Possible Penalties Aside from Revocation of Parole
Even if your criminal defense attorney is successful in helping you avoid the revocation of your parole, the courts may decide to impose different penalties, often in the form of stricter parole terms and conditions. Some of the stipulations Philadelphia courts have imposed in the past include requiring parolees to meet with their parole officers more often, placing them under house arrest, or implementing an early curfew verifiable through the use of a GPS tracker.
Reasons to Hire a Legal Team for Parole Violations in Philadelphia
Being accused of a parole violation in Philadelphia can be nerve-wracking and terrifying, especially if the accusation is meritless. Regardless of the reason, hiring an experienced team of criminal defense lawyers gives you the very best chance at maintaining your status as a parolee without additional terms and conditions.
At Pagano Law, we aim to help mitigate the short-term and long-term consequences of parole violations, ultimately seeing dismissal or acquittal. Through tireless and thorough investigation, regular meetings with our clients, and expert preparation for Gagnon hearings from day one, even if there is a demonstrable parole violation, our experienced team can fight for you, ensuring the best possible outcomes in virtually any situation.
Call us or send us a message today to learn more about how we can help you fight against alleged parole violations in Philadelphia.
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