Do you need more information about California Penal Code Section 3056? Those who have been recently released regularly struggle with adhering to their parole guidelines. Those who fail to adhere to their parole could face additional time in prison as well as other penalties. Those who are unsure of whether or not they have violated are encouraged to contact our Orange County law offices fora free case evaluation with a skilled attorney
What is PC 3056?
California Penal Code 3056 outlines the rules for parole. It states that prisoners on parole must continue to be under the official supervision of the State. In addition, parolees can be rearrested at any time deemed necessary, during the time they are on parole.
A common reason why a prisoner or parole may be rearrested is failure to contact their designated parole officer during scheduled intervals, as mandated by the court.
The following example could be considered a violation of PC 3056:
Tom just finished a 7 year prison for armed robbery and was released from prison one week ago. As a condition of his release, Tom is not allowed to leave the state of California and he must contact his parole officer at specified times. Tom has met a woman that he is very interested in, but she does not know that he is a convicted felon. He has been staying with her since the day after he got arrested and he cannot get away to contact his parole officer. To keep from blowing his cover, he fails to contact his parole officer and is found in violation of California penal code 3056.
Why Parolees Are So Prone To Violations
Most people, those that have never faced a criminal conviction or been incarcerated, could probably not live according to the rules of parole. Parolees are prone to violations due to the extreme rules written in their parole guidelines. Let’s pretend that you’re a 50 year old man that was convicted 30 years ago for a burglary. You served 17 years in prison and have just been released on parole. According to your parole rules, you are not allowed to drive a car, be out after 8:00 pm and you cannot enter a bar or drink alcohol. You also have to report, in person, weekly for 5 years to a parole officer and you must remain in the state for the duration of your parole. Sure, what you did to wind up in prison was wrong, but you have just spent 17 years behind bars to pay for your crime. How far should your restrictions and case supervision go?
There are several rules of parole that can cause a person to be violated. Things that the average person may do daily, yet face no major penalties when they do them. Have you ever driven a few miles over the speed limit on the interstate just to keep up with the flow of traffic? How about using your cell phone to make a quick call to your babysitter?
For a parolee, going over the speed limit, even just a mile over, or being caught using a cell phone while behind the wheel of a car, can result in a violation that lands them back in prison for years. Not only are these rules antiquated, they can often cost taxpayers an outrageous amount of money during the re-entry to prison, treatment centers or psychological evaluations that are often ordered by the courts when a parolee is found in violation.
Some states have updated laws that ensure fewer parolees are sent back to prison for technical violations from minor offenses that would not send the average person to jail if they committed the same act, but California is not one ofthem. While some offenses do constitute a violation being placed and the return to prison for the parolee, many are common mistakes and life directives that should be revamped legally to allow offenders to really be able to be a productive addition to society.
People relocate for employment every day of the year. Parolees typically do not have the legal right to do this however, thus meaning they cannot accept a valid employment offer if it is not local to the area they are on parole. If a parolee moves for work, marriage or due to the cost of living not being within their financial means, their parole officer can, and usually will, violate the terms of their parole.
Reentry to the general public can be difficult, at the least, to a person that has been incarcerated for many years, and adding the stringent rules they must abide by makes it seemingly impossible for many.
For the average citizen, they fully expect certain rights and freedom. For the recently paroled, those same rights and freedoms often do not apply, and when they find it a challenge to return to life and be able to provide for themselves or their family due to the heavy restriction, parolees often find themselves facing a parole violation for simply trying to build a better life.
Criminal Defense for Parole Violations
If you are a new parolee, and would like to understand more about your rights and terms, the OC criminal defense attorneys at MacGregor & Collins can help you. A skilled criminal defense lawyer will be able to evaluate your circumstance and determine whether you have evidence that can be used in your favor. Call (888) 250-2865 today or fill out our contact form to see how a MacGregor & Collins, LLP parole attorney can help keep you out of trouble.