As stated in the first part of this article, parole is a critical, but often incorrectly interpreted or misread component of a sentence given to a client by the criminal justice system. The following are intended as additional examples of some common beliefs (myths) we have experienced in the criminal defense cases we have handled for our clients.
Myth: The Parole Board considers political factors like prison overcrowding or the public opinion about a type of case in making a decision
Reality: Being placed on parole is not a constitutional right and it is not automatic. It also does not happen just to make a space available so someone else can be locked-up. The Parole Board is designed to be independent from politics, or any other external source of 'pressure' in making it's decisions. The primary consideration of the Parole Board in determining whether to place a client on parole is the safety of the community at large. What will happen if this client is released on parole? The Board's assessment of this concern for the public safety, examines the applicant's criminal history, whether the applicant has any prior history of release into the community while under supervision, the behavior of the applicant while incarcerated, and the applicant's release plan in regards to employment and residence.
Myth: A sex offender who is 'maxed-out' will be released without any parole supervision
Reality: Given the nature of these types of crimes, society and the criminal justice system require client's with these types of offenses to be kept under the strictest conditions of supervision. If the victim of the sexual offense was a child, the client will be subjected to the parole requirements of 'Megan's Law', which includes CSL (Community Supervision for Life. Under these requirements, unlike most parole violations, a client who violates the provisions of CSL will have the violation referred to the prosecutor for a determination of whether the violation constitutes a separate crime for which the client can be prosecuted. On conviction, the client can then be sentenced to an additional prison term, as a separate punishment from any imposed by the Board for the parole violation.
Myth: If you violate parole, the only thing that can happen is a violation of your parole, for which you only serve the remainder of the original sentence
Reality: If the violation involves an additional charge, such as escape, a client can be prosecuted separately for the additional charge. Upon conviction, the client will be subject to being sentenced on the new charge. Whether the sentence on the new charge will run concurrent with any incarceration for the parole violation will be up to the prosecutor and the judge. A large majority of persons released on parole, do not pick up any new charges while they are on parole. Only a small percentage of parole violators are returned to prison because they committed another crime. For the most part, parolees are more likely to become productive citizens then a client who has 'maxed-out'.
Myth: A client's victim has nothing to say about whether a client is placed on parole
Reality: Nothing could be further from the truth. The Board not only welcomes input from the victim or their family, they encourage it. In addition, the process the Board uses does not wait for the victim to contact the Board, but actively seeks to advise the victim of the status of the parole application. These opinions are considered a critical factor in the decision making of the Board, as to if, and, or when, a client will be released on parole.As stated in Part I of this article, when you are faced with a question of whether a loved one is eligible for parole consideration, a careful analysis of what options are available has to be made by an experienced criminal defense lawyer like those at Bailey & Orozco. When can the application be submitted? What can be done to develop a release plan the Board will consider supportive of the application? These and other issues are addressed in other articles on this website, and can be addressed in a consultation with our defense lawyers.
