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State Parole

 An individual under state parole supervision can be detained without bail pending the outcome of new criminal charges.  Although one can post bail for the new criminal charges, you still will not be released because the parole warrant also called a "detainer" keeps you in custody.  The question arises should I post bail for a new criminal charge if I am not going to gain my freedom?

  There are several matters to consider before making the decision.  If one has been paroled from a state institution, then he will be returned to that institution to serve his backtime for violating parole.  All the time spent in pretrial confinement will be credited to the new charge. If one posts bail then the time is converted from the new case to backtime effective the date bail is posted.  Additionally if bail is posted then the county prison has no claim on you and then you may be transferred back to the state institution. The circumstances of each case is different so there is not a standard answer to this question. Since the state prisons are overcrowded for less serious charges it may be wise to post bail since the parole board may elect to not file a detainer.

   Another question is whether to request a hearing for technical parole violations.  A technical violation is a violation of the conditions of parole but not a criminal charge.  A technical violation can cause one to serve "front time" that is time remaining on your sentence.  A new conviction can result in the loss of "street time", that is time one has already served under parole supervision. This is in addition to the sentence for the new charges.  These sentences must by law be served consecutively.

   The violation of parole is a judicial proceeding that gives rise to the right of representation.  The stakes are so high one should never participate in one of these hearings without representation.

   I am a former state parole agent and am available to represent individuals at parole violation/revocation hearings

 

 

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Gregory R. Gifford
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