San Diego Criminal Lawyers Blog
Anyone who is serving a long prison sentence may eventually petition the parole board for early release. There are things that can be done in advance of this important hearing starting right at sentencing so that as the parole hearing date nears, one will have more confidence in the possibilities. Prisoners will be allowed to make a statement, as will victims. While there is no real way to impact what victims may say, a petitioner can surely take steps to make a good showing.
Showing Remorse
An important issue the parole board will be looking at is whether a prisoner’s remorse is sincere. They will expect a detailed explanation of the events leading to incarceration and will scrutinize prison conduct, including the programs and educational opportunities taken advantage of, as well as any negative incidents that occurred. This will all be indicators of personal growth, reform, and regret, or the lack thereof.
Having a Post-Release Plan
The board will also be interested to hear about intentions post-release. They will want to know whether the root causes of the criminal behavior have been examined and addressed. Their concerns will include future employment and housing plans, support networks, and the ability to avoid people and circumstances deemed dangerous to one’s ability and willingness to contribute to society while avoiding illegal entanglements.
Victim Impact
Victims will be allowed to make statements and send letters to try to influence the board’s decision, and the impact of your crimes on victims will be weighed, in addition to any details and special circumstances relating to the crime.
The Risk Assessment
A statistical calculation that looks at criminal history and other risk factors, such as substance abuse, education level, and job options, will be created based on all of this information. This risk assessment will use all available data to estimate the likelihood of recidivism—or reoffending. It is all thrown together to come up with a risk score to assist the parole board in balancing the value of granting early release against public safety considerations.
Following the Hearing
The parole board will consider the case in its entirety after the hearing to determine whether to grant a petition for early release. If granted, a release with severe supervision and clear expectations will follow, with total compliance expected in lieu of being returned to prison. If release is denied, reasons will be given, and reapplication may occur at a later date if certain conditions are met.
Fighting for You
The experienced criminal defense attorneys at Boertje & Associates know that a parole hearing is a big deal and will be with you every step of the way to fight for the best possible outcomes for you. To discuss, schedule a confidential appointment with our San Diego office today.