Parole Violation Legal Guidance

Summary

Parolees in West Virginia must follow specific conditions, and violations can lead to warrants. Officers are not required to inform parolees about issued warrants. The parole revocation process includes a preliminary hearing, revocation hearing, and potential outcomes ranging from reinstatement to prison. Legal representation is allowed, and finding a pro bono lawyer can be done through legal aid organizations, the state bar, law school clinics, and online platforms.

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My sister was arrested on her first Parole Violation and I would like a few serious questions answered
Hello ****, I'd be happy to help guide you through this concerning situation. Could you please specify the questions you have, and let me know in which jurisdiction (country/state) the parole violation occurred?
United States/West Virginia. She admitted to her Parole Officer that she had relapsed and would fail her drug screen. She has went to about * detox centers for help but has been struggling still. He made her come to his office and told her as soon as she left his office to admit herself into a detox center and be sure to complete the program, which she did. A few days after completing she slipped and used again. She checked into the ER and she had informed him about everything that was happening there. She asked him if he wanted her to leave the ER and come check in with him at his office or let the ER send her to the detox facility, which he told her to go ahead to the facility. This whole time he had already put a warrant out for her arrest but decided not to inform her of this warrant. Once she got out of this detox and was doing good. She went to her old house to pick up her things when the police was called and she was arrested for the warrant she had no idea about.
I'm sorry to hear about your sister's situation. In West Virginia:
- Parolees must abide by certain conditions; a violation can result in a warrant.
- Officers do not have to inform parolees about issued warrants.
- Drug relapses may be considered parole violations.
She may need a lawyer to explain her efforts towards rehabilitation.
I understand. What I would like to know is why would he tell us that he was going up to visit the jail to tell her that she was only getting a 30 day shocker a few days ago but now when we called he switches it up saying that they are wanting to send her back to prison
The parole officer may have initially thought a "shock" sentence would be appropriate, but the decision ultimately lies with the parole board or judge. Factors like repeated violations or severity of violation could influence this decision. It's important to consult a lawyer in such matters.
This is her first violation in 11 months. She has done everything he asked her to do and provided the necessary paperwork for proof.
It's unfortunate that your sister is facing this. However, the parole board or judge will consider all circumstances, including her efforts at rehabilitation. Engaging a lawyer might help to present her case more effectively.
How does the Parole revocation process work exactly in WV?
The parole revocation process in West Virginia generally follows these steps:
*. A warrant or summons is issued when a parole violation is reported.
*. A preliminary hearing is held to determine if there's probable cause.
*. If probable cause is found, a revocation hearing is scheduled.
*. The parolee can present evidence at the revocation hearing.
*. The outcome could range from reinstatement of parole to return to prison.
Is she allowed to have a lawyer for a Parole Violation?
Yes, in West Virginia, your sister can have a lawyer represent her during the parole revocation hearing. This can be useful in presenting evidence and arguments in her favor.
How would I go about finding one to represent her case?
You can find a lawyer through:
*. The West Virginia State Bar's Lawyer Referral Service.
*. Online legal directories or review sites.
*. Local legal aid organizations, if she qualifies.
*. Personal referrals from friends or family.
Remember to choose a lawyer experienced in parole violation cases.
Okay. Is there any advice you could help me with to finding a good lawyer to take her case ProBono?
Sure, here are some suggestions on finding a ProBono lawyer:
*. Check with West Virginia's legal aid organizations. They may take on cases pro bono.
*. Contact the West Virginia State Bar. They often have pro bono programs.
*. Try law school clinics, where students can provide legal services under supervision.
*. Online platforms like www.probono.net can help connect you with pro bono lawyers.
Thank You
You're welcome, ****. If you have any other questions, feel free to ask. Wishing you and your sister the best in this difficult time.