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Detroit Legal Blog

Will I Go Back to Jail for a Parole Violation?

Jun 26, 2021, by Maurice Davis in Criminal Defense
Woman in orange jumpsuit and handcuffs talking to lawyer

Michigan recently passed several criminal justice reforms, which went into effect this year. If you’re on probation or parole or facing criminal charges, talk to a lawyer about what these reforms mean for you.

You might return to jail for a parole violation. It depends on the circumstances, the type of parole violation, and if this is the first time you failed to uphold a parole condition. If your offense is severe enough, the Parole Board may revoke your parole altogether.

Call Davis Law Group at (313) 818-3238 to find out more during a free consultation.

What is Parole?

Parole is not the same thing as probation. Parole means you completed the minimum prison sentence required, and then the authorities let you out early. There are conditions for parole, such as gainful employment, obeying all laws, and not associating with people who have criminal records.

Other possible conditions could be:

  • Going to school
  • Not drinking alcohol
  • Going to substance abuse counseling
  • Alcohol and drug testing
  • Paying certain assessments
  • Paying restitution
  • Living residential home for a time
  • Register as a sex offender
  • Wear a monitoring device
  • Meeting with a parole office regularly
  • Not leaving the state without permission
  • Not moving without permission
  • Not owning or possessing a firearm

What Happens if I Violate Parole?

If your parole officer or the police believe you’ve violated a condition of parole, they may get an arrest warrant. You may receive a summons to court with a hearing date. If you must appear in court for a parole violation, have a lawyer with you to protect your rights.

At the hearing, the prosecutor has to prove that you most likely violated a parole condition. If the court finds you guilty, it will penalize you. You could go to jail for days, weeks, or longer.

Other penalties could include:

  • A psychological evaluation and counseling
  • A community program, like drug rehabilitation
  • Extension of your parole
  • Fines
  • Restitution

The worst-case scenario is that the Parole Board seeks to revoke your parole and send you back to prison to complete the maximum possible sentence for your conviction.

The Parole Board’s Conditions

Under Michigan’s new laws, parole conditions have to be based on your specific needs. The Parole Board, which decides whether to grant parole, states:

“The conditions of the parole must be individualized, must specifically address the assessed risks and needs of the parolee, must be designed to reduce recidivism, and must consider the needs of the victim.”

Is a Parole Violation a Felony?

No, a violation of a term of your parole is not a felony. However, if you commit a new crime, that may be a misdemeanor or felony separate from your parole violation.

Parole Revocation

It’s possible to have your parole revoked and go back to prison. Egregious or multiple violations are grounds for revocation of parole. However, you are entitled to a hearing to make your case why you should continue on parole.

Appealing a Revocation

You may appeal a parole revocation. A Michigan circuit court judge can reverse the Parole Board’s decision and reinstate your parole.

You may base an appeal on whether the Board’s decision:

  • Violated a law
  • Violated the constitution
  • Exceed the Board’s authority or jurisdiction
  • Relied on an unlawful procedure and caused prejudice
  • Did not have the support of competent, material, and substantial evidence
  • Appeared arbitrary and capricious

Need a Detroit Criminal Defense Lawyer?

Parole violations are serious. You could go back to jail. Don’t take them lightly or believe nothing can help. A parole lawyer with the Davis Law Group can help you remain free by preserving your rights, fighting for the best possible outcome, and advocating for you.

For a free consultation, call (313) 818-3238 today.