Unlike court, the parole revocation process moves very quickly. It's important to
hire the right attorney as soon as possible. Not all criminal defense attorneys have the necessary knowledge and experience
to represent parolees in parole violation hearings because of the specialized training necessary to navigate through the process.
The parole process is dictated by the California Code of Regulations and various Federal Lawsuits brought against the State
to regulate the process. Unfortunately, many attorneys accept parole violation cases thinking that it will be like
other criminal cases they have handled and then find out, too late, that they don't know what they are doing. As
an experienced attorney, it's frustrating to watch, and as a client it must be terrifying to experience.
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When a person completes a prison sentence, he or she is conditionally released on parole. The person
is deemed a parolee and is supervised by a parole agent. When a parole agent claims that a parolee has violated
his or her parole by committing a new offense or by not following the rules, the parole agent arrests the parolee
and sends a report to the Board of Parole Hearings. Depending on the nature of the offense, the parole
agent normally recommends that the parolee be returned to prison for up to 12 months. Parole hearings
are not public. They take place either in county jails or in state prisons. In order to ensure
that a parolee is treated fairly, he or she must be represented by an attorney who is trained in the various state regulations
and Federal injunctions that effect the rights of parolees.
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When a parolee is arrested, he or she has a right to have a Probable Cause hearing withing
13 business days of his arrest. The Probable Cause hearing where the parolee and his attorney meet face to face with
a Deputy Commissioner from the Board of Parole Hearings. The Deputy Commissioner determines whether there is sufficient
cause to retain a parolee in custody and makes him or her an offer to settle the case. If the parolee rejects the offer,
then he or she has the right to have a revocation hearing, commonly referred to as a Morrissey Hearing, within 35 calendar
days of the hold date.
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I
have represented hundreds of parolees during my career both at the Probable Cause Hearing and at the Morrissey Hearing.
I have the training and experience to evaluate each case and attempt to obtain every benefit for my client. My goal
is to have the violation dismissed or to resolve the case at the Probable Cause Hearing, but if that is not possible, I look
for alternatives to a return to prison. For example, if my client has a drug or alcohol problem, I explore community-based
alcohol or drug treatment programs. There are various options and I fight to find the best one for every client.
