Parole is a vital component of the criminal justice system, allowing incarcerated individuals to serve part of their sentences under supervision outside of prison. When someone is out on parole, if they commit a parole violation, it can have serious legal consequences, including additional jail time. In addition to punishments for any new crimes, defendants who are facing charges of violating parole can be required to complete the totality of the sentence from their original offense.
Depending on the specifics of the situation, a judge may not grant bail for violating parole at all, as parole itself is considered an act of leniency and violating those terms challenges the integrity of the justice system. If the violation is minor or if the defendant can provide a valid explanation for their violation, a total bail amount may be granted on a case-by-case basis.
Understanding Parole Violations
Parole is a system that grants early release to individuals who have been incarcerated, typically after serving a portion of their sentence. It is a supervised release that comes with specific conditions and obligations that the parolee must adhere to. These conditions often include regular check-ins with a parole officer, compliance with the law (including mandatory sobriety for some drug-related offenses), community service, and restrictions on traveling outside of or to certain areas or regions.
A technical violation of parole occurs when the parolee does not follow all the conditions of their parole. Examples of a technical violation include, but are not limited to, failing a drug test, or failing to attend a court-ordered drug treatment program. In such cases, a judge will determine the severity and decide whether to set bail for violating parole.
Seeking legal counsel is vital if you are hoping to be granted bail for violating parole. A criminal defense attorney will work on your behalf to represent your best interests, assess the evidence against you, and build a strong defense, which, in turn, may result in a lower total bail amount being set.
The Bail Process for Parole Violations
When a parolee is found to have violated the terms of their parole, they are typically taken into custody. The process following their arrest includes several important steps.
The first step is when a parole officer will present a report outlining the violation. After that step, there is then a parole hearing. A parole hearing is when all the evidence surrounding the case is presented. Once the evidence has been presented, the court will decide if a violation took place. If the court rules that a parole violation has taken place, it will likely lead to the dismissal or the revocation of parole. Following this, there may be a bail hearing, where, if granted, the defendant can then be bailed out of jail.
It is important to note that even though parole and probation are oftentimes used interchangeably, they are very different charges. Parole can only occur when an incarcerated individual is released from prison after serving some of their sentence. Probation is when an individual is subject to a period of good behavior. If a defendant violates probation, they will need to attend a probation hearing, and the judge will work with the probation officer to determine next steps. These next steps include determining whether the defendant is sent to jail for a probation violation.
The key differences between probation and parole violations are that the defendant spends their probation term outside of jail or prison until a violation occurs and that the court is less likely to grant bail for a parole violation.
Bail Bonds for Violating Parole
Bail for violating parole can be extremely expensive. If you do not have the ability to post bail by yourself or with the assistance of friends and family, your best option is to work with a local, reputable bail bondsman. The defendant or someone on their behalf will need to pay a non-refundable fee, usually around 10% of the total bail amount, to the bail bondsman. Once that fee has been received by the bail bond agent, they will post bond on behalf of the defendant, which, in turn, allows the defendant to be released from jail immediately.
If you have been granted a total bail amount, use Bail Agent Network’s parole violation bail bond fee calculator to determine the non-refundable amount you’ll need to pay a bail bond agent. You can also search through our extensive, online database of bail bond agents to find a bail bondsman near you that can help you secure your release from jail today!