Parole is a supervised release from a custodial sentence, after the client has served a part of the custodial sentence imposed by the Court. The criminal justice system we live under considers parole a privilege, not a right. While the Court decides the sentence, several other parties have an impact on how much of that sentence a client has to serve before being released. These other parties include the legislature, who impact this determination through the sentencing statutes they have enacted; and, the parole board who decides whether to release a client once they become eligible for parole.
When you are faced with the prospect of being released from custody onto parole, a strong first impression can often make the difference in a client being released as a result of their first parole review. While it is not necessary to retain the services of a lawyer to assist in the preparation for parole consideration, a knowledgeable criminal defense lawyer like those at Bailey & Orozco can provide guidance regarding the types of information the parole board may consider in determining whether to release a client into parole.
The initial eligibility date depends on whether a client was sentenced on a charge with a mandatory minimum period to be served. If the sentence did not contain a mandatory period of incarceration, the basic date calculation for the earliest parole date is one-third of the sentence, minus certain types of credits (jail credits, good time credits, work credits, and minimum custody credits). If the sentence did contain a mandatory minimum period to be served, the basic date calculation is based on the mandatory minimum term minus only jail credits.
The initial parole hearing is a preliminary review of the client's case by a parole board hearing officer. The purpose of this hearing is to evaluate whether the client is ready to be released into society. It is essential to approach this hearing with as much supporting information as possible. This is one of the areas where prior planning by a knowledgeable criminal defense attorney can achieve a positive result for a client, as the positive evaluation will then be reported to the parole board for a determination of whether to actually release the client onto parole.
Among other things, during this evaluation the hearing officer will be reviewing the pre-sentence report the judge used to sentence the client, as well as comments by the judge, the prosecutor, and the victim at the time of sentencing. The biggest mistake that a client can make in preparing for this hearing is to not provide positive information as to why the client would make a good candidate for release on parole. In building the strongest case possible for why a client should be recommended for release, a knowledgeable criminal defense lawyer like Howard W. Bailey can often make the difference in a client being released on their earliest eligibility date.
