Parole allows a person released from California state prison to serve part of their sentence in the community under supervision. While on parole, the person must follow general rules established by the California Department of Corrections and Rehabilitation, along with any special conditions imposed because of their conviction, criminal history, or supervision needs.
Violating any of these conditions can place the person’s freedom at risk. A parole violation does not always involve a new criminal conviction. Missing an appointment, traveling without permission, or failing to follow an instruction from a parole agent may also lead to an alleged violation.
At Simmons & Wagner, Scott Simmons and Dan Wagner have more than 56 years of combined experience as former Orange County prosecutors and have handled more than 200 jury trials. They understand how law enforcement and prosecutors evaluate alleged violations and how those allegations may overlap with a new criminal case.
General and Special Conditions of Parole
Every person released under California state parole supervision receives written conditions that must be followed. General conditions apply broadly, while special conditions may be added based on the commitment offense, criminal history, or other circumstances. Special conditions may be imposed by a court, the Board of Parole Hearings, or a parole agent.
Because conditions differ from person to person, someone on parole should carefully review their written paperwork and ask for clarification when an instruction is unclear.
Common Technical Parole Violations
A technical violation occurs when someone allegedly breaks a condition of supervision without necessarily committing a new crime.
Common examples may include:
- Failing to report to a parole agent
- Moving without providing a new address
- Failing to report a change in employment
- Traveling beyond an approved area without permission
- Leaving the county or state without a required travel pass
- Missing counseling, treatment, or required programming
- Violating a curfew
- Associating with prohibited individuals
- Failing to follow a parole agent’s written or verbal instructions
- Possessing an item prohibited by a special condition
California’s general parole conditions require supervised individuals to report when instructed, provide accurate home and employment information, obtain approval for certain travel, obey all laws, and avoid prohibited weapons.
A technical violation may sound less serious than a new criminal allegation, but it should not be ignored. The circumstances may be misunderstood, or there may be evidence showing that the failure was accidental, unavoidable, or corrected quickly.
New Criminal Conduct While on Parole
A person may also be accused of violating parole by allegedly committing a new crime. Examples could include DUI, domestic violence, theft, drug possession, assault, firearm possession, or another misdemeanor or felony.
This can create two separate legal problems. The alleged conduct may support a parole violation while also leading to a new criminal investigation or court case. CDCR states that breaking the law can result in arrest and county jail custody even when new criminal charges have not yet been filed.
An arrest does not automatically establish that the person committed the alleged offense. Police reports may contain incomplete information, witnesses may disagree, and physical or digital evidence may contradict the initial accusation.
Because the parole matter and criminal case can overlap, statements made to a parole agent or law enforcement officer should be handled carefully. An explanation intended to resolve the parole allegation could later be used in the criminal case.
Searches While on Parole
California parolees are generally subject to search or seizure by a parole or peace officer at any time, with or without a warrant and with or without cause. This authority may apply to the person, their residence, and their possessions.
A search can lead to allegations involving drugs, firearms, electronic devices, stolen property, or other prohibited items. However, finding an item in a shared home or vehicle does not always prove that the parolee knowingly possessed it.
A defense investigation may examine who owned the item, where it was found, who had access to the location, and whether other evidence connects it to the accused person.
Parole Is Not the Same as PRCS
Parole is also different from Postrelease Community Supervision, commonly called PRCS. State parole is administered through CDCR’s Division of Adult Parole Operations, while eligible individuals released to PRCS are supervised by a county agency and are no longer under CDCR jurisdiction.
The correct legal response depends on the type of supervision involved. Court paperwork, release documents, and supervision records should be reviewed before assuming that someone is technically on parole.
What Should You Do After an Alleged Violation?
Do not ignore calls, notices, or instructions related to an alleged violation. At the same time, avoid giving a detailed statement before understanding whether the allegation could lead to a separate criminal charge.
Preserve messages, appointment records, treatment documents, travel approvals, employment records, videos, and other information that may explain what occurred. Do not delete evidence or attempt to influence a witness.
Former prosecutors understand how law enforcement reports are reviewed and how the government may attempt to prove alleged criminal conduct. Simmons & Wagner can examine the evidence, identify missing context, and begin preparing for both the parole allegation and any related criminal case.
Contact Simmons & Wagner to discuss an alleged Orange County parole violation and learn what steps may be available to protect your freedom.