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If you are convicted of a felony in California and go to prison you will deal with parole upon your release. Violating the terms of your parole could mean being returned to prison in very short order, so it’s important to understand what you’re getting into.

Parole is separate from probation, which is a sentence in its own right, and usually applies to misdemeanor cases.

Who gets parole, and when?

If you have a “determinate” sentence then parole will be automatic upon your release. A determinate sentence is any sentence that lasts for a fixed period of time. So if you are sentenced to 10 years of prison, you’ll be released in 10 years, but you’ll automatically be placed on parole for some additional period of time.

Some sentences have a minimum determinate sentence with a maximum life sentence. In those cases, you only become eligible for parole after the determinate part of the sentence is served.

Once you are eligible, you will appear before the California Board of Parole, where you will be subject to a suitability hearing. If you are successful, you will then be released on parole.

What are the terms of most paroles?

The length of your parole will depend on the length of your sentence.

Conditions typically include the following restrictions.

• You automatically consent to having your person, car, or home searched at any time, with or without a warrant.*
• You must waive your extradition rights if you are found outside of the state of California.
• You must file regular reports with your parole officer, and you must make each meeting on time. The first one will be the day after your release.
• You must share your home and work address with your parole officer, and you must report your new address before any move.
• You must follow all of your parole officer’s verbal and written instructions.
• You must seek permission to travel more than 50 miles from your residence.
• You must obey all laws, even minor ones, and can even get into trouble for receiving a traffic ticket.
• You may not be around weapons, or anything that looks like them.

If you violate any of the terms of your parole the court has the power to return you to prison to serve out more time; one year for the parole violation, and perhaps more time for any other crimes you’re being charged with.

What happens if you are accused of violating parole?

Your attorney can help you defend against accusations that you violated your parole. The state still has to prove wrongdoing before returning you to prison. Make sure you have a top-notch criminal defense attorney by your side when it’s time for your court date.

If you’re in trouble, contact us today. We are experienced criminal defense attorneys well versed in every aspect of criminal law, and we can help.

See also:

How Pretrial Diversion Works in Los Angeles, CA

What To Do If You Get Arrested in Los Angeles, CA

When Should You Take a Plea Deal in Your Los Angeles, CA Case