California Parole Revocation Lawyer
If you're facing parole revocation in California, you need to speak with a criminal defense lawyer right away. These cases move fast, and the consequences—like jail time or a return to prison—can hit before you've had a chance to explain your side. A serious allegation like this could affect your freedom, your record, and your future. You don't have time to wait or hope things work themselves out. In the sections that follow, California parole revocation lawyers at P. Jeff Voll Inc. explain what you need to know about parole revocation, including how the process works and how a lawyer can fight to protect your freedom.
Pasadena Parole Revocation Attorney
If you've been arrested or charged with violating parole, you're already on borrowed time. The state can take action quickly—sometimes before you even appear in court. At P. Jeff Voll Inc., we understand how parole revocation works and how to fight it. We know what's at stake—your freedom, your reputation, and your future. Don't leave that to chance. Let us help you take control of the situation before the system makes the decision for you. To speak with a Pasadena Parole Revocation attorney, contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation regarding your legal rights and options. We'll listen, we'll act fast, and we'll fight hard. But you need to take the first step—now, not later.
Understanding Parole and Its Conditions
What Parole Means in California — If you've been released from a state prison in California, you're most likely on parole. Parole means you're no longer behind bars, but you're still not entirely free. You're under the watch of the California Department of Corrections and Rehabilitation (CDCR), and you must follow a set of strict rules. These rules are called parole conditions. If you break them, even by accident, CDCR can put you back in custody.
How Parole Differs From Probation — People often confuse parole with probation, but they're not the same. Probation is usually given instead of jail or prison and is managed by your local county's probation department. Parole, on the other hand, only happens after you've served time in a California state prison. It's handled by CDCR and comes with statewide oversight and conditions tailored to your situation.
Standard Parole Conditions — No matter what crime you were convicted of, there are basic rules you'll have to follow while on parole. You'll need to check in regularly with your parole agent, obey all laws, stay away from people or places that CDCR says are off-limits, and possibly submit to random drug testing. You might also have to attend therapy, addiction treatment, or educational programs. In some cases, CDCR can require electronic monitoring, especially if you're considered high-risk.
Special Conditions for Certain Offenders — If you were convicted under California's Three Strikes law (Penal Code § 667(e)(2) or § 1170.12(c)(2)) or are a high-risk sex offender, CDCR may put additional restrictions on you. These could include wearing a GPS device, attending more frequent meetings, or limits on where you can live and work.
Offense-Specific Parole Restrictions
Customized Rules Based on Your Crime — Your parole conditions may be stricter based on the crime you were convicted of. These tailored rules are meant to reduce risk to the public and help you reintegrate responsibly.
Examples of Offense-Specific Rules — If you were convicted of a sex offense, CDCR may prohibit you from using the internet or social media. If your case involved arson or gang activity, you could be banned from certain areas or people, especially known gang members. If your crime involved firearms, you're absolutely prohibited from owning, possessing, or even being near any weapon.
Types of Supervision Based on Crime — California law sets up two kinds of post-release supervision. If you served time for a serious or violent felony listed in Penal Code § 667.5(c) or § 1192.7(c), CDCR supervises you directly (Penal Code § 3000.08(a)). If not, you may be placed under postrelease community supervision (PRCS), where the county—usually your home county—takes over your supervision (Penal Code § 3000.08(b)).
Common Reasons for Parole Revocation
Why Parole Gets Revoked — If you break any condition of your parole—even a minor one—you can face a parole violation. This is called a revocation. Some of the most common reasons include missing a scheduled check-in with your parole agent, failing a drug or alcohol test, or leaving your approved county without permission.
Non-Criminal Violations Still Count — It's important to know that not every violation is a new crime. You can still be violated for what's called a “technical violation”—for example, staying out past your curfew, skipping a required class or program, or even just hanging out with someone CDCR says you can't associate with.
Violating Treatment Requirements — If you were ordered to attend sex offender or mental health treatment and you miss those sessions or drop out, that's a violation too. Under Penal Code § 3000.08(a)(4) and § 3000.08(a)(5), those kinds of failures are taken seriously and can land you back in custody.
What Happens After a Suspected Parole Violation?
Immediate Arrest Without a Warrant — If your parole agent—or any California peace officer—believes you've broken a rule of your parole, they can arrest you right away. They don't need a warrant to do this. Penal Code § 3000.08(c) gives them that authority.
Where You're Taken After Arrest — Once you're arrested, you'll usually be taken to a county jail, not back to a state prison. That's because your parole hearing happens at the county level, not in the state system.
Jurisdiction and Custody During Revocation Proceedings
Who's in Charge of You After Arrest — When you're in jail waiting for your parole violation case to be heard, CDCR temporarily hands over legal custody to the county where the alleged violation occurred. This transfer of jurisdiction is spelled out in Penal Code § 3056.
How CDCR Reviews Your Case — Within one working day of your arrest, CDCR must review the case to see if there's a good reason to keep you locked up (15 Cal. Code Regs. § 3754(a)). If they don't find a solid reason, you may be released. But if they believe there's “good cause,” they'll give you a written notice within three business days explaining why you're still being held.
Flash Incarceration as an Option — Sometimes your parole agent might not want to go through the full court process. Instead, they might use something called “flash incarceration.” This means you serve a short jail term—anywhere from 1 to 10 days—without a court hearing. This is allowed under Penal Code § 3000.08(e) and is meant to provide swift but limited punishment.
The Legal Process for Parole Revocation
How It All Starts — If CDCR decides your violation is serious or flash incarceration isn't enough, they'll file a petition with the local superior court under Penal Code § 3000.08(f). This kicks off the formal legal process. You'll first go through arraignment, where you're told the charges and can ask for a public defender if you can't afford a lawyer.
Your Revocation Hearing — The court must hold a revocation hearing within a reasonable time—usually within 45 days of your arrest. You can present evidence, call witnesses, and challenge what the parole agent says. You're entitled to a lawyer during this hearing.
Legal Standards Are Different — This hearing isn't like a criminal trial. The state doesn't have to prove you're guilty “beyond a reasonable doubt.” Instead, they only need to show it's “more likely than not” that you violated parole—this is called the “preponderance of the evidence” standard.
Rights of Parolees During Revocation Proceedings
Your Right to a Lawyer — You have the right to legal help during any revocation proceeding.
Knowing the Case Against You — You also have the right to know exactly what you're being accused of and what evidence is being used. The court must provide a written summary of the evidence and its reasoning.
Accommodations for Disabilities — If you have a disability, CDCR and the jail must ensure you can fully participate in your hearing.
Less Strict Rules of Evidence — Parole hearings don't use the same rules as regular court trials. Evidence that wouldn't be allowed in a criminal trial—like hearsay or evidence from an illegal search—might still be used against you but can still be challenged.
Possible Outcomes of a Parole Revocation Hearing
Reinstatement With Conditions — If the court finds a violation but it isn't too serious, you might be sent back on parole with new rules. These might include more frequent check-ins, mandatory treatment programs, or electronic monitoring.
Revocation and Jail Time — If the court revokes your parole, you can be ordered to serve up to 180 days in a county jail (Penal Code § 3000.08(g)). This isn't prison time, but it does mean a significant loss of freedom.
Reentry Programs as an Alternative — In some cases, you might be placed in a reentry court or an evidence-based supervision program instead of jail. These programs focus on helping you transition back into society with support and structure.
Dismissal of the Case — If the court decides you didn't violate parole after all, the case is dismissed. You'll return to parole supervision, and you'll get credit for the time you spent in custody while waiting for the hearing.
Special Considerations for Life-Term and High-Risk Parolees
Lifelong Parole Rules — If you were sentenced to life with the possibility of parole or committed a crime requiring lifetime registration (like certain sex offenses), you may remain on parole for life (Penal Code § 3000.1 and § 3000.08(i)).
Return to State Prison — If you violate parole and you're in one of these categories, the court can send you back to state prison. In that case, CDCR and the Board of Parole Hearings take control of your case again (Penal Code § 3000.08(h)).
Annual Review Instead of Fixed Jail Time — These cases don't follow the normal 180-day county jail rule. You could remain in custody until the Board of Parole Hearings decides that releasing you wouldn't be a public safety risk. They review your case yearly.
Drug-Related Violations and Proposition 36 Diversion
Treatment Instead of Jail for First Offenses — If your parole violation is related to drug use or possession, you might qualify for treatment instead of jail under Penal Code § 3063.1—also known as Proposition 36.
When You Qualify — To be eligible, the drug-related violation must be your first nonviolent one while on parole. You must also agree to treatment. The court will place you in a program that can last up to 12 months, plus follow-up care for another six months.
Who's Not Eligible — You won't qualify if you've been convicted of a serious or violent felony (Penal Code § 667.5 or § 1192.7), if your violation involves another offense at the same time, or if you refuse to accept treatment (Penal Code § 3063.1(b)).
Second Chances — For later drug violations, the court isn't required to offer treatment again, but they can if they believe another program could work better.
Early Termination of Parole
When You Can Apply — You may request to end your parole early if you've completed at least six months of successful supervision. But you must meet certain qualifications:
• You can't have a serious or violent felony on your record.
• You must not be a registered sex offender.
• CDCR must determine that you no longer pose a risk to public safety.
Who Makes the Final Decision — Even if CDCR agrees to end your parole early, the final sign-off must come from the Board of Parole Hearings. This process isn't automatic, but it is an option for people who've shown they can follow the rules and stay out of trouble.
Pasadena Parole Revocation Attorney
When you're facing parole revocation, your freedom can be taken away before you even get to tell your side of the story. At P. Jeff Voll Inc., we know how to intervene early and aggressively. We'll begin by reviewing the violation report and the underlying allegations to see if the parole hold is even valid. If you were arrested without proper cause or your rights were violated during the investigation, we'll challenge it. We'll examine whether CDCR or your parole agent followed required procedures, including providing proper notice and attempting intermediate sanctions like flash incarceration. If your case goes to court, we'll appear with you at every hearing—arguing for your release, negotiating alternatives to incarceration, and presenting strong evidence to fight the charges. Whether that means proving you didn't violate parole at all or showing the violation doesn't justify revocation, we'll make sure the court hears your side clearly and forcefully. Your freedom matters. To speak with a Pasadena Parole Revocation attorney, contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Parole Revocation attorney.
Resources
This section of the Penal Code explains who is supervised by CDCR after prison, how parole violations are handled, and what flash incarceration means. You can learn what happens when someone violates parole and how courts and parole agents respond.
Penal Code 3056 explains when a parolee can be held in custody for a violation, where they can be housed, and for how long. It also outlines the county's role in holding parolees during revocation proceedings.
This section outlines how long someone can be held in custody if their parole is revoked. It includes limits on confinement, work credit rules, and exceptions for parolees serving life terms or with serious violations.
Board Of Parole Hearings – About The Board
This official site explains the role of the Board of Parole Hearings. You can find information about parole suitability hearings, medical parole, mental health cases, and how the board processes parole decisions for people in state prison.
California Courts – Parole Revocation Process Flowchart
This flowchart shows the steps the court follows after a parole violation is reported. It includes how a warrant is issued, when hearings happen, and what outcomes are possible. It's a basic overview of the court's role in parole revocation.
Prison Law – Parole Violations And Revocations Handbook
This handbook chapter explains the parole revocation process in detail. You'll find information about your legal rights, parole holds, hearings, work credits, and how to ask for help or accommodations during proceedings.
