Navigating Parole Violations and Bond Posting: A Guide for Loved Ones

For many, the journey through the criminal justice system can be daunting, especially when someone is on parole. When a parolee commits new charges, it throws the entire system into a state of flux. This article aims to provide clarity and guidance for those whose loved ones are in this challenging predicament.

Understanding Parole Holds and Bond Posting

When a parolee is arrested for new charges, a parole hold is placed on them. This hold is an extension of the parole officer’s jurisdiction and can prevent the individual from being released on bond for the initial charges. This hold remains until the parole violation is resolved. For example, if your husband is on parole and gets new charges, the parole hold will prevent him from posting bond for those charges unless the parole hold is lifted first.

Typically, a parole hold is an official restriction placed by the parole authority, and it functions as a form of no bail. This means that even if the new charges are for a relatively minor offense, the hold will prevent the individual from being released on bond. Once the hold is lifted, the individual can then seek bond for the unrelated charges.

Dealing with the Parole Hold

The main issue you're encountering is the suspension of your husband's bond while the parole hold is in effect. Here are some steps you can take to address this situation:

Contact the Parole Officer: Start by contacting your husband's parole officer to understand the status of the hold. Explain your situation and ask for an update. It's important to document all communications and keep copies of correspondence. Write a Request Letter: Request that the parole officer lift the hold. In your letter, include details of the charges, your concerns about the potential extension of his sentence, and any evidence of his good behavior while on parole. It's crucial to be polite but firm. Call the Parole Office: If you don't receive a response from the parole officer, start calling the office regularly to follow up. While they may be busy, consistent communication can sometimes expedite the process. Hire a Parole Revocation Attorney: If the hold persists, consider hiring an attorney who specializes in parole violations. An attorney can help navigate the legal system and ensure that the parole officer and court understand the full context of the situation.

Keep in mind that the parole officer is likely dealing with many cases at once and may not have the time to expedite your request immediately. It can take a few days for the parole officer to review and act on your request. Even so, relentless but respectful pursuit of this issue can help move things along.

Automated Hearings and Revocation Risks

If your husband is found in violation of his parole, there will be an automatic parole revocation hearing. During this hearing, the judge will decide whether to revoke his parole and impose additional penalties, including potential imprisonment. Even if your husband beats the new charges, he could still face a revocation hearing. If he does not, he will most likely return to prison, possibly for at least a year, depending on the severity of the new charges.

It's important to understand that parole holds are automatic when a parolee is formally arrested, even if they are just being held without charges. Your husband's parole hold will only be lifted if and when the violation is resolved. This process can take some time and may vary depending on the individual circumstances.

State-Specific Considerations

If your husband is in a different state, the process may be more complex. After he is moved back to his parole state, the authority will review his case. In some states, parolees can still be denied release even if they are not found in full violation. For example, in my part of the US, the parole authority can refuse release and request that he go back to prison even if he is not fully in violation.

It's also worth noting that sometimes, prosecutors, judges, and parole officers may not approve bond for parolees, even if they have posted bond for unrelated charges. This can create significant challenges for those awaiting resolution of their parole hold.

In conclusion, navigating the complex world of parole holds and bond posting can be incredibly stressful. By understanding the process and taking proactive steps to communicate with the parole officer and potentially hire legal assistance, you can help move your loved one toward a resolution. Remember, your persistence and clear communication are key to overcoming these challenges.