Petition for Early Parole Granted in Philadelphia
I was contacted by my client's sponsor to pursue trying to have "Anthony" granted early parole. Anthony had struggled with dependency issues for some time, and prior to my involvement, he unfortunately violated his probation which resulted in his going back into custody. When I met Anthony, he was serving out his violation of probation sentence at State Road in Philadelphia.
Can a person be granted early parole after violating probation in Philadelphia?
Anthony's original charges were sexual offenses, and by their nature, very serious. This made the prospect of being granted early parole due to his recent probation that much more difficult to accomplish. Anthony had pleaded guilty to Unlawful Contact with a Minor - Sexual Offenses (18 § 6318 §§ A1 - a felony of the third degree), Endangering the Welfare of Children - Parent/Guardian/Other Commits Offense (18 § 4304 §§ A1 - a misdemeanor of the first degree), Corruption of Minors (18 § 6301 §§ A1), and Indecent Assault - Without Consent of Other (18 § 3126 §§ A1 - a misdemeanor of the second degree). In addition, Anthony had violated his probation on several prior occasions.
Due to Anthony's most recent probation violation, Anthony had been sentenced to his "back time" which was more than one year. Despite the obstacles to being granted early parole after having violated his probation on prior occasions, the family wanted to do whatever was possible to try to get Anthony to come home as soon as possible.
Will a "discharge plan" help in getting a petition for early parole granted in Philadelphia?
As part of my strategy regarding trying to get early parole granted, I met with Anthony in jail on State Road in Philadelphia. A prospective "discharge plan" was formulated that addressed "Core Issues, Residency, and Employment." Anthony acknowledged his need for dependency treatment and that his substance abuse was directly related to his most recent violation of probation. The Wedge Medical Center in Philadelphia was contacted on Anthony's behalf. After completing an assessment, Anthony was prospectively accepted for intensive outpatient treatment if granted early parole. Anthony's girlfriend, who is also the mother of his daughter, was contacted and expressed that Anthony was welcome to reside in her home upon prospective release from custody. Anthony's former employer was also contacted, and upon request, provided documentation that Anthony could return to his work with the company.
After the necessary information was confirmed, and comprehensive documentation was obtained regarding Anthony's employment, I filed a formal motion, specifically, a motion for early parole, with the Philadelphia Court of Common Pleas - Criminal Division. After filing the necessary motion along with the corresponding documentation, I personally went to the applicable courtroom at the Philadelphia Criminal Justice Center to try to arrange the earliest possible court date.
What happens if the Philadelphia District Attorney's Office objects to the petition for early parole?
Prior to Anthony's court date, I contacted the person at the Philadelphia District Attorney's Office (DAO) who decides whether or not the Philadelphia DAO will "consent" or "object" to a petition for early parole. Per communications with the DAO, the DAO initially opposed our petition for early parole. I explained that Anthony had all possible resources available to him to succeed if granted early parole and I asked that the Philadelphia District Attorney's Office give him another chance. It took significant doing, but I was able to get the DAO to not "object," but rather, "defer" to the judge who would decide whether or not to grant early parole. Considering the circumstances, this was a major step in the right direction.
The Philadelphia District Attorney's Office, for policy reasons, often cannot "consent" to such a request, and for that matter, often cannot "consent" to many requests for consideration. The reason being that if, God forbid, a criminal defendant is granted such consideration by the Philadelphia District Attorney's Office and, for example, commits another crime or hurts someone if granted early parole, the DAO would be called to task for why such consideration had been afforded. Because of this potential concern, the DAO, as necessary, would rather "defer" to the judge so that any potential "fallout" would land upon the judge and not the DAO. This may be the Philadelphia District Attorney's Office way of sidestepping a matter, but knowing that this is what one is up against at times, the proper approach to a client's case can allow for getting whatever consideration the DAO can afford, even if it is only nominal consideration.
What is considered "immediate" parole in Philadelphia?
Having been able to get the Philadelphia District Attorney's Office to defer to the judge regarding the petition for early parole, on the day of court the position of the DAO was explained to the judge. The judge, understanding that the position of the DAO is an unspoken acceptance of the early parole petition, granted Anthony early parole, and more specifically, "immediate" parole, which meant that Anthony would be released the same day, or the next day at the latest. With the judge's decision going in our favor, Anthony would be able to return to his family, his daughter, and get back to work. I am pleased to state that Anthony was released from custody several hours after the judge granted our petition for early parole.
Pennsylvania Early Parole Attorney | Philadelphia Early Parole Lawyer
Practice area(s): Criminal Defense