When a person is convicted of a crime, they may be sentenced to a period of incarceration. When a person is imprisoned, they are typically given a minimum period of time to serve until they are eligible for parole. While many jail terms are served with the state, for sentencing less than 24 months, a convicted person may serve their sentence at the county level. In Montgomery County, the Adult Probation Division of the Montgomery County Court of Common Pleas, located in Norristown, PA, will handle any and all requests for early parole. A second location of the Probation Department is located in Willow Grove, PA.
Requesting Early Parole in Montgomery County
When a person is sentenced to incarceration, the court will likely provide the term necessary to fulfill in order to be eligible for parole at the time of sentencing. Although parole is normally an option granted for defendants who have served their minimum term, it can be possible for a defendant to be released earlier than scheduled, if the court approves. The court will consider the following factors when determining a defendant's eligibility:
- The defendant's behavior during incarceration
- The crime that the defendant was convicted of
- The effects that the crime had on the community
- The sentencing hearing and any arguments made during sentencing
- The strength of the petition presented by the defendant when requesting early parole
Early Parole Interview in Montgomery County
After a defendant files for early parole, the court will begin the process for a hearing. The Montgomery County Board of Probation will schedule a parole interview with the defendant to begin determining whether or not they are eligible for an early parole release. Members of the board will hold and vote on a decision for the hearing. The future parolee will then have to present their arguments and evidence to the board in order to convince them of their eligibility for an early release. After the information has been heard, the board will vote on the decision. At times, the judge who ordered the initial sentencing may be involved in the board's decision as well.
Filing for early parole can be a frustrating and confusing process, and doing so from behind bars can only exacerbate things. Fortunately, incarcerated individuals are entitled to an attorney throughout this process. An attorney can help a future parolee organize their arguments and evidence for their interview. In addition to this, an attorney can also make sure that a future parolee's case is filed properly and that their case moves through the court system more quickly and smoothly.
If you or a loved one is negotiating an early parole release in Montgomery County, contact attorney Joseph D. Lento today.