When a person is incarcerated on a conviction for a criminal offense, they may still have some options available to them through certain legal means. While an imprisoned person may not be entitled to the same rights as an individual, they do always have the right to an attorney. An attorney can work with the incarcerated individual to negotiate a possible release on parole. Typically, when a person is convicted, they are given a minimum number of months or years for their sentence before parole may be negotiated, however, an attorney may be able to make the case for an early parole release. While this motion can be negotiated at the state level, for sentences for a period of less than 24 months, these motions are handled at the county level. In Lancaster County, these motions are filed with the Adult Parole and Probation Department of the Lancaster County Court of Common Pleas.
Petition for Early Parole in Lancaster County
A petition for early parole can be negotiated and filed any time after a person has been imprisoned. While under most circumstances, a person must serve at least the minimum term appropriate to their sentencing, through a motion filed for early parole, a person may be released early. Motions for parole are determined by a number of factors:
- The person's record and behavior while incarcerated
- The initial crime they were found guilty of
- Sentencing negotiations at the time of conviction
- The strength of their argument in their petition
Filing for Early Parole in Lancaster County
When a person wishes to file for early parole, the process can be daunting, arduous and lengthy. Filing for parole can take several steps, and as a result, a lengthy amount of time. The first step is the preparation of a case file and steps toward a parole interview. This will be helped along by a parole against, however, an attorney may also be retained at this stage to assist. Next, the parolee will have an interview with the Board of Probation and Parole to determine whether or not they are eligible. The judge who ordered the sentencing will also be present to either make the decision or to participate in the vote for decision making. If parole is granted, the parolee must also begin their process for returning home, such as making living arrangements and setting the terms of their parole.
Working with an attorney throughout this process can both ensure that things move forward more smoothly, and also likely reduce the amount of time the overall process takes. Legal motions already take a considerable amount of time to move through the courts, and working from an incarceration facility on one's own can likely slow things down more. An attorney working with an individual can speed things up and increase chances of success.