Conditional Release
and
Parole Violations
If you or a loved one is facing a Parole or Conditional Release Violation from the Florida Department of Corrections, there still might be a chance to avoid going back to prison. In order for the Department of Corrections to send a person accused of a violation back to prison, the Commission in charge of the violations must make a finding that the alleged violation is both “willful” and “substantial.” Even if the Commission decides that a violation is willful and substantial, the Commission can be persuaded in some cases to reinstate the accused back to release. A key to success in these situations is to act fast in building a case to defend or mitigate the alleged violation because the hearings happen within a matter of weeks and there are few ways to appeal a decision revoking release.
Under Florida Statutes 947.141 and 947.23 those facing a Conditional Release or Parole Violation are entitled to various rights in contesting a violation. Some of those important rights include:
Right to be represented by counsel
Right to be provided with the evidence
Right to question witnesses
Right to present one’s own evidence and witnesses
Right to an in-person hearing
