HOW CAN ONE APPEAL A PAROLE REVOCATION DECISON

Asked over 2 years ago - Atlanta, GA

I SIGNED A WAIVER OF MY FINAL HEARING OF MY PAROLE REVOCATION HEARING, IS THERE ANYTHING I CAN DO IF THE CHARGES THAT RESULTED IN MY PAROLE REVOCATION WERE LATER DROPPED. HOW CAN I BE RELEASED.

Attorney answers (2)

  1. Jessica Katherine Stern

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Parole decisions are difficult to overcome. The "parolee" has very little rights as opposed to a person on probation or someone facing new criminal charges on the trial level.

    The parole board looks at parole as a luxury to an otherwise prison sentence. Unfortunately, there are too many folks in your situation. There is not much an appeal process within the parole system, but having an attorney navigate this for in attempts to undue the affects of a waiver would be best.

    However, you know that proving a violation of parole is a VERY different standard than "beyond a reasonable doubt" at trial. There only needs to be slight evidence (and trust me I've seen parole be revoked with barely any evidence). It isn't a judge making legal decisions about law or evidence at a parole revocation proceeding. So you have to keep in mind that even if it was dismissed at the trial level, the possibility of the parole board still deciding to revoke parole based on the evidence presented is still high.

    Still, parole is likely to dismiss their warrant/hold if the underlying charges are dismissed first. Unfortunately for you, it didn't happen in that order. If you'd like me to try to figure out if there is a way to undue the waiver, feel free to contact us. Good luck!

  2. George W. Brown III

    Contributor Level 8

    Answered . Even if you were found not guilty of the offense which resulted in your parole revocation, the offense may still result in revocation. If you waived your parole hearing, you likely cannot appeal the revocation.

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