Technical parole violations need to be addressed by counsel before you are in front of the court.
By Attorney Elisabeth K.H. Pasqualini, Probation/Parole Attorney, Harrisburg, PA
There are a multitude of technical parole violations for defendants on both state and county sentences. These technical parole violations are generally not as serious as the other type of violation, which is for new criminal conduct. However, based upon the quantity and frequency of these violations, they can be just as severe in terms of revocation and re-sentencing.
This is a partial list of 'technical parole violations':
- Failure to report to probation and parole authorities as required;
- Failure to obtain and/or maintain full-time/part-time employment;
- Failure to pay on fees, fines and costs regularly or so that they are paid in full prior to two weeks before the expiration of sentence;
- Failure to abstain from use, possession of drugs, drug paraphernalia or alochol;
- Failure to abide by probation/parole officer's directions;
- Failure to reside at approved address; or
- Engaging in conduct which may threaten yourself or others.
A judge will usually consider the parolee/probationer's history with probation prior to re-sentencing them to more time. Also, they will usually consider the number of violations and what the defendant has done since the violation to rectify the situation. For instance, since testing positive for cocaine, have they enrolled in and successfully completed a rehab program? It is important to get counsel to speak to your parole officer and the district attorney's office to attempt to rectify the situation before you are in front of the judge.