Indianapolis Parole Lawyer
Hiring an attorney when a person appears in front of the Indiana Parole Board can make the difference between the offender serving out the remainder of their sentence in the Indiana Department of Correction and going home on parole. Many people released from the Indiana Department of Correction to Parole believe they are now “free.” However, the Courts’ of Indiana recognize the authority of the Indiana Parole Board as that of “extended prison walls.” The Indiana Parole Board has extremely broad authority, they set the specific conditions on an offender’s parole. In fact, they will sometimes end a parole term entirely. The Indiana Parole Board regularly hears alleged violations of parole conditions and conducts the annual review of former parolees who are eligible to be re-paroled. The prospective parolee has the right to an attorney in those proceedings.
At Rigney Law LLC, our Indianapolis parole lawyers believe those people deserve the opportunity to put their best foot forward and place an inmate’s rehabilitative efforts in the best light possible.
Probation vs. Parole
Court-ordered probation refers to a deferment of prison. It reduces or eliminates the time you might spend in prison. This means that your jail time could be greatly reduced or you could avoid jail time altogether. Instead of going to jail, you could return home if you can promise to not commit future crimes. Probation is often granted to first-time offenders who engage in non-violent crimes as long as they agree to abide by specific conditions. These might include paying a fine or doing community service. If you were arrested for a crime involving drugs or alcohol, you may have to undergo random drug and alcohol screenings to ensure you aren’t using these substances.
If you are on probation, a probation officer will monitor you to ensure you don’t violate the terms of your agreement. If you disobey them, you will face a probation violation hearing. A judge may reinstate the existing probation, change its conditions, or revoke it altogether and send you to jail.
Parole is a type of supervised release from jail that may be granted to an inmate who has served a portion of their time in state prison after committing a felony offense. The board will set the conditions of this supervised release when it is deemed that an inmate is not a safety risk and is prepared to reenter society. Typically, a parolee must agree to conditions such as:
- Upholding the law
- Agreeing to remain within a certain boundary (no relocation)
- Ensuring the safety of others
- Keeping scheduled appointments with their parole officer
- Avoiding contact with certain people
The average length of parole is 3-5 years, but it could be longer, depending on the crime. If you have violated the terms of your parole agreement, your parole officer will investigate the allegations. After doing so, they will either allow you to remain on parole or revoke parole and send you back to prison.
Standard of Proof
The standard of proof for a Violation of Parole is very low, it is merely a preponderance of the evidence standard. If an offender is found in violation of the conditions of their parole, the Parole Board can return that person to the Department of Correction for the remainder of their sentence, return the offender to the Department of Correction for a brief period of incarceration before putting them back on parole, or return them directly to parole. The Parole Board has the authority to change the conditions or requirements of parole as well. Hiring a skilled advocate to concisely and succinctly argue on you or your loved one’s behalf may be an important first step toward seeing a prospective parolee being returned home and continued on parole with appropriate conditions.
The annual Parole Review Hearings occur when someone has previously been violated and returned to the Indiana Department of Corrections to serve the remainder of their sentence. The Indiana Code requires the Parole Board to make specific findings before someone can be reparoled. Kassi Rigney has regularly appeared before the Parole Board, knows the legal requirements placed upon the Board, and how to put your best foot forward in advocating for re-release. Kassi has previously represented clients with very serious offenses before the parole board and successfully obtained their release from prison. Every case is different, and past results do not guarantee a future victory in front of the board, but if you hire Kassi Rigney to represent you in a parole matter, you’ll know for certain that you have an advocate with experience and previous success in those types of matters.
Whether you appear before the Indiana Parole Board for a Parole Violation Hearing or a Parole Review Hearing, your attorney’s ability to succeed before the Parole Board is based more on the attorney’s ability to advocate for the client in a persuasive way than the lawyer’s adversarial skills. The Parole Board’s decision making is controlled by the Indiana Code. Hiring an attorney who knows and understands the requirements the law places on the Board allows you to target those requirements in your presentation to the Board and greatly improves the likelihood of success. Based on her vast criminal litigation experience and repeated appearances before the board, A. Kassi Rigney knows how to organize, present, and advocate for her clients before the Parole Board to reach your goals.
The Experienced Attorneys at Rigney Law LLC
Once you are released from prison, you will likely be put on parole. It’s important that you know what parole is, as it is not simply another term for freedom. Parole is similar to probation, but there are some differences, so the terms cannot be used interchangeably. The Indiana Parole Board has the authority to set specific conditions on an offender’s parole. They can extend parole or they can end a parole term entirely.
Have you violated parole? Need more information about the conditions of your parole? If so, seek legal help from the team at Rigney Law LLC. An Indianapolis parole lawyer can help with your review or violation hearing.