People who have been convicted of a crime in California and placed on parole must be careful to adhere to the terms of their parole. Violating parole can lead to serious consequences like additional prison time. California Penal Code Section 3065 outlines the framework for parole detentions and the custody of parolees who violate the terms of their parole.

Understanding California Penal Code 3056 can help recently released Californians comply with their parole guidelines. It’s recommended that you speak with an attorney if you are unsure about what a violation may look like under your parole terms. The Law Office of Sheny Gutierrez is here to help you take an active role in protecting your rights and following the rules of your parole. We also provide legal defense services for people who have been accused of violating parole according to California Penal Code Section 3056.

Understanding PC 3056: Parole Violations in California

Some of the critical elements that you may want to be aware of in PC 3056 include:

  • The authority of the California Department of Corrections and Rehabilitation (CDCR) and the police to take parole violators back into custody.
  • The ability of parole officers to initiate the parole revocation process if they think someone on parole has violated the terms.
  • CDCR’s recommendation for alternative forms of custody, such as mandatory substance abuse treatment.
  • The possibility of being placed in custody in local jails rather than state prisons.

Why Parolees Frequently Face Violations

Parolees often face stringent requirements that are difficult to adhere to, especially when facing other barriers to success after being recently released from prison. Following the terms of parole in California can be challenging due to several personal, financial, social, and systemic factors.

Housing Instability

Parolees often struggle to find housing that they can afford, especially if they do not have support from family or friends upon release. California’s high cost of living makes securing stable housing an even more significant hurdle for people on parole in the state. Additionally, the terms of parole often limit their options by requiring them to stay in certain areas or away from places like schools.

Unemployment

Despite California’s efforts to lower the barrier to employment for people recently released from prison, many parolees still face significant difficulties in this area. Criminal records, limited work experience, gaps in work history, and lack of marketable job skills mean there are few opportunities to secure employment. Reliable transportation can also make interviews and varying work shifts challenging.

Strict Parole Conditions

Parole terms often include frequent and consistent check-ins with parole officers, and this requirement can interfere with work schedules and other responsibilities. Parolees may also be given a curfew and be monitored by an ankle bracelet. All of these limitations combine to make the conditions challenging to stick to on a regular basis.

In addition to these factors that make parole violations more likely, parolees may also face social stigma, environmental pressures, unaddressed mental health needs, substance abuse disorders, social isolation, and limited support services.

Legal Defense Strategies for Parole Violations

Your criminal defense attorney may use several strategies if you’re facing a parole violation in California. The right approach will depend on your specific scenario, but one or more of the following strategies may be an option.

Lack of Willful Violation

Your lawyer may be able to argue that your violation was inadvertent and that you did not intend to willfully violate the terms of your parole. For example, if there was a family emergency or if you had an unexpected work delay and missed your check-in, this may be an effective defense argument. Additionally, if you were not aware of the condition that you violated or if the terms were miscommunicated, your attorney could potentially use this strategy to argue for your defense.

Demonstrating Good-Faith Efforts

Courts may choose to be lenient if you can show you made a good-faith effort to comply with your parole or if you partially complied. Meeting some of the parole conditions could support your argument that you are trying in good faith to comply with your parole.

Challenging the Evidence

The prosecution has the burden of proof to support its allegation that you violated parole. If they cannot provide sufficient evidence to establish this, the charges may be dismissed.

Presenting Medical Evidence

If you could not meet the terms of your parole due to a medical emergency, such as a mental health crisis or other medical emergency, your attorney may be able to use that as a strategy in your defense.

Other potential defensive strategies include presenting evidence of participation in treatment programs, using character witnesses, or showing there were mitigating circumstances.

Contact an Experienced Parole Violation Defense Attorney

The Law Office of Sheny Gutierrez will work tirelessly to fight your charges, but it is essential that you contact us soon to schedule a free consultation. There may be multiple opportunities for building a strong defense and helping you remain on parole.