Once a person is convicted of a crime, they are typically moved forward to a hearing for their sentencing. If any period of incarceration is involved in a person's sentence, this hearing will settle the minimum and maximum terms of their sentencing, as well as when a person may be eligible for parole. Parole is the early release of a person from incarceration, provided that they remain within the conditions of their parole. Common conditions of parole are check-ins with a parole officer, drug testing, participation in various programs, and occasional supervision. If the court sentences a defendant to a period of incarceration less than 24 months, they will serve their sentence in the county, rather than the state. In Delaware County, negotiations and discussion regarding parole will be handled by the Delaware County Court of Common Pleas, located in Media, PA.
Requesting Early Parole in Delaware County
When a person is sentenced to incarceration, they must typically adhere to the set date for their release on parole, however, they are eligible to make an argument for early parole. This can be done at any point during their period of incarceration. The court will consider the following when determining whether or not to grant the request for early parole:
- Any and all infractions or incidents that occurred within a person's period of incarceration
- The sentencing hearing, and any arguments during the hearing
- Any danger or threat the defendant poses to the community, as well as the impact of the crime
- The arguments and evidence presented in a defendant's request for early parole
Hearings for Early Parole in Delaware County
The first step in the process is for a defendant to file a motion for early parole at the Delaware County Court of Common Pleas. Once this is accomplished successfully, the Delaware County Board of Parole and Probation will schedule an interview with the board and the defendant. The board will meet with the defendant, and possibly the judge responsible for the sentencing and case. The members of the board will hear the defendant's evidence and argument for release. Following this, the defendant will then be asked to wait while the board votes on a decision.
Though a defendant may wait out their period for parole eligibility, this can be a lengthy process, and a person can easily get caught in the gears of the system. Although filing may be done without an attorney, the use of an attorney can ensure the filing is done properly and can increase the chances of reaching a parole interview stage sooner. In addition, an attorney can help the defendant prepare a stronger case to present to the board and possibly negotiate their release.
If you or a loved one is negotiating parole in Delaware County, contact attorney Joseph D. Lento today.