What is the basic process of obtaining parole?

For the most part, parole is essentially an early exit from prison awarded to inmates who are compliant, cooperative, and display outstanding behavior in general. Here we have outlined some of the main aspects of obtaining parole according to criminal defense lawyers. The purpose of this is to give you a clearer picture of what one needs to do in order to be granted parole.

To begin with, it needs to understood as to what exactly parole is. As already mentioned, parole is when a prisoner is released from prison prior to having completed his or her entire prison sentence. Post release the parolee will be subjected to certain terms of parole that he or she will need to abide by in order to remain out of prison. If the parolee screws up and resorts to past asinine and criminal activity, they will be sent back to prison since they violated their parole and proved they are not ready for freedom yet.

Parole is usually granted based on several factors including the severity of the crime where an individual who causes a fatal DUI accident may find it more difficult to get parole than someone convicted of theft or robbery.

Criminal defense lawyers reiterate that once a parolee is set free, he or she will remain under close scrutiny for the rest of their original sentence. Parole is granted to prisoners by a panel of reviewers known as the parole board, and the parole board takes into consideration an array of factors when determining whether or not to grant a prisoner parole.

A Fictional Example 

You may have seen a parole board in the movie Backdraft where Donald Sutherland who played Ronald Bartel, an arsonist, was in front of the parole board. Bartel was responsible for lots of carnage. Robert De Niro who played Donald “Shadow” Rimgale was a fire investigator. He was not too keen on Bartel walking around a free man so he went to the parole board and drew the true colors out of Bartel. Bartel failed his parole hearing which was good for humanity. He should have been given the death penalty for his crimes but the liberals of Chicago do not believe in true punishment – that is another topic though.

Parole on a Federal Level

Unlike state jurisdictions, the federal judicial system does not allow parole per se. Instead, the federal government has a provision called “good time” for anyone convicted after November 1^st, 1987 and criminal defense attorneys have explained this to their clients. Anyone that was imprisoned prior to this date is still eligible for parole. However, conviction post this date means prisoners will have to accumulate good time which is only awarded for exemplary behavior during incarceration.

The Parole Board and How they Work

As per criminal defense lawyers, the parole board is the review panel that essentially decides whether or not a prisoner should be granted parole. These officials are not to be mistaken with judges. There are simply prison officials that take into account the state prisoner’s application for parole.

The parole board schedules frequent meetings to gather and review batches of parole requests. In cases where a parole request is turned down then the prisoner has the option of appealing the decision with the objective of overturning it. The prisoner may appeal to another board known as a board of appeals or to a court.

What do parole board members factor in while deciding if to grant parole or not?

Some of the main factors that determine the outcome of a parole request that criminal defense lawyers attempt to explain to their clients are:

1. The severity or magnitude of the actual offense – A sentencing judge would usually have made some paroling suggestions based on this factor back when he or she actually sentenced the convict to prison. Parole officials will definitely be swayed by such existing parole recommendations.
2. Behavior – Anyone requesting parole needs to have a clean record after incarceration to even be considered. Parole officers will determine if the prisoner had followed all of the rules and regulations of the prison while incarcerated and will also consider testimonies by other prison officials about the general behavior of the prisoner.
3. Victim’s say – If a victim expresses concerns regarding the parole, then the victim’s plea to reject parole will be considered.
4. Reintegration – The review board will also consider if the prisoner will be able to walk into the free world and in some way contribute to society or will he/she prove to be a nuisance.

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