Parole Violation

Upon a parolee’s release from prison, the Missouri Division of Probation & Parole[1] (MDPP) imposes various conditions[2] on the parolee.  If a parolee fails to comply with any of those conditions, the parolee may face parole revocation proceedings.  The consequences of these proceedings are often severe and may include the state placing the parolee on house arrest, remanding the parolee to a community-living facility, or ordering the parolee to return to prison to serve out the remainder of his sentence.  Parolees are entitled to representation in parole revocation proceedings, so contact an attorney at the Zolman Law Firm today for a free consultation to ensure that you achieve the best result in your parole revocation matter. 

Typically, parole revocation proceedings begin because a parole officer determines that there is probable cause to believe that a parolee has failed to comply with the conditions of parole.  Once the parole officer makes this determination, the parole officer, or the MDPP, may issue a warrant[3] for the parolee’s arrest.  A parolee may, or may not, receive credit against his sentence for the time that elapses between the issuance of the warrant and the parolee’s arrest.[4]

Parolees are entitled to a preliminary hearing[5] to determine whether, or not, there is probable cause to believe that the parolee violated a condition of probation.  The MDPP will notify the parolee of the date, time, and location of the preliminary hearing; the nature of the alleged violation(s); and any evidence supporting the allegation(s).  An MDPP officer will preside over the hearing, and parolees do not have the right to be represented by an attorney in a preliminary hearing.  If the MDPP officer determines that probable cause exists to believe that the alleged parole violation occurred, then the matter will proceed to a final revocation hearing.

At a final revocation hearing, Parolees have the right to be represented by an attorney.  While an MDPP officer presides over preliminary hearings, the Parole Board presides over the final revocation hearing.  The purpose of the final revocation hearing is to determine that the violation occurred as alleged and whether, or not, revocation is the appropriate remedy for the violation.  Following the final revocation hearing, the Parole Board will issue a written decision within a reasonable time.

[1] http://doc.mo.gov/PP/ [2] http://doc.mo.gov/Documents/prob/White-Book.pdf [3] RSMo. 217.720 - http://www.moga.mo.gov/mostatutes/stathtml/21700007201.html [4] RSMo. 217.720(3) - http://www.moga.mo.gov/mostatutes/stathtml/21700007201.html [5] http://doc.mo.gov/Documents/prob/Red-book.pdf