When a person is convicted of an offense, they will be sentenced. If their sentencing includes jail time, there is typically a minimum and maximum term, which is relevant to the offense. After a person has served their minimum term, they may have a chance at a release on parole. Incarcerated individuals have fewer rights than a standard citizen, however, they may still retain the assistance and guidance of an attorney. If a person is sentenced to less than 24 months of prison time, they will have their sentence served at the county level, rather than the state level. If this is the case, parole and its associated filings must be done at the Bucks County Court of Common Pleas Adult Parole Division, located in Reading, PA.
Petition for Early Parole in Berks County
While typical sentencing provides a minimum term to eligible for parole, under certain circumstances it may be possible for a person to be granted parole earlier than this portion. A petition for early parole may be filed at any time after a person is incarcerated. The decision to grant early parole is often left to the judge who handled the initial sentencing. The judge will consider the following:
- The defendant's behavior and any incidents during incarceration
- The crime they were convicted of
- Impact of the crime on the victim and public
- The defendant's sentencing hearing
- The defendant's arguments and evidence for early parole
Filing for Early Parole in Berks County
Filing for early parole can be a difficult and lengthy process on its own, and it will only be more difficult from a position of incarceration. For a defendant to be released on parole, they must first attend a parole hearing to be granted a release. The county Board of Probation and Parole will meet with the parolee for an interview to determine their eligibility for release on parole. The judge who ordered the sentencing will be present to make a decision or participate in a vote for the decision. These interviews will consider evidence and argument from the parolee in addition to the above factors. At the conclusion of the interview, the board will make a decision.
An incarcerated individual, in spite of a lack of access to many resources, is still entitled to attorney representation. Representation from an attorney can help a parolee in their presentations and interviews with the board, through organizing evidence and arguments to present to the board. In addition, an attorney can help ensure that the parole filing process travels along more swiftly and smoothly than if a person was to engage in this process by themselves.
If you or a loved one is seeking early parole in Berks County, contact attorney Joseph D. Lento today.