Consequences of Parole Violations in New Mexico
Parole involves the release of a prisoner before the completion of a sentence on the premise of good behavior. It carries a number of conditions, and a violation of any of those conditions can have serious consequences, including the revocation of parole.
If you have been accused of violating parole in New Mexico, contact a criminal defense attorney right away. A strong defense can make a difference in the consequences you suffer and whether or not you go back to prison.
Common Conditions of Parole
Conditions of parole can vary from case to case and depend in part on the crime of which the parolee was convicted. Common parole conditions include:
- Compliance with all state and federal laws
- Remaining in the state of incarceration
- Reporting to a parole officer on a routine basis
- Maintaining steady employment and/or continuing education
- Notifying the parole officer of any change of address
- No possession or use of controlled substances
- No possession or control of firearms or defensive or deadly weapons
- Submitting to drug testing
- Submitting to search and seizure without a warrant or probable cause
- Additional conditions specific to a parolee’s offense as required by state law
What Happens After a Parole Violation in New Mexico?
Before the early 1970s, parole officers had the discretion to decide how a parolee was penalized after a violation. Since the Supreme Court ruling in Morrissey v. Brewer in 1972, however, a parolee has the right to due process before penalties for parole violation can be determined.
Typically, when a parolee is suspected of a violation, a warrant for his or her arrest is issued, if the parolee is not already in custody, and a preliminary hearing is conducted in which parole board officers listen to the evidence as to whether a violation occurred. If the board decides that sufficient evidence of a violation exists, a revocation hearing is scheduled.
The fate of the parolee is ultimately decided in this revocation hearing. In it, the board has the option either to revoke parole or to take another action, such as ordering the parolee to a substance abuse treatment program, amending the conditions of parole, or allowing the parolee to continue parole under the same conditions that existed before the alleged violation.
Legal Defense Against Parole Violation Allegations
Depending on the circumstances of your case, a number of defenses against parole violation accusations can be employed. Your parole defense lawyer may be able to show the board that it has not been demonstrated by a preponderance of the evidence that a violation occurred. In other cases, it may be shown that, although there was a violation, it was necessary or unintentional.
At New Mexico Criminal Law Offices, our Albuquerque parole violation attorneys have 22 years of experience handling a wide range of criminal charges. We are a respected criminal defense law firm with a history of success handling cases all over New Mexico. If you have been arrested for violation of parole, contact our office to arrange for a free case consultation to find out how we can help you.