Although the mechanics differ from state to state, ordinarily there is a preliminary hearing and a final hearing to determine your "right" to stay outside prison. The purpose of a preliminary hearing is to determine whether there is probable cause to keep you in custody until a final decision is made, especially if you have violated parole or are considered a threat to the community. A final hearing for a parole violator is conducted to evaluate the facts and circumstances of your case, whether you are a continued risk to society, and whether revocation of your parole is warranted. You may be present at the hearing and present evidence in your defense. An attorney skilled in the area of parole and probation can help you with formulating your defense. There is no right to a jury trial on a parole revocation, because the parolee has already been convicted of the crime. Legally, a person on parole is "in prison," so his or her rights upon revocation are abbreviated.

(Reviewed 12-08)