The Role of Bail Bonds in Re-Arrests: What Happens After Violating Parole
Dealing with the legal system can be a trying experience, and facing an arrest is often just the beginning. When a parole violation leads to a re-arrest, understanding your options is the first step toward resolution, and that's where an experienced bail bondsman can help.
At Smiley Bail Bonds, we understand the stress and confusion that comes with this process. For over two decades, we've offered steadfast support for individuals and families in Tennessee. If you have been arrested for violating your parole, our team can help you understand the bail bonds process during these situations.
Parole and Its Conditions in Tennessee
Parole is a form of conditional release from prison. It allows an individual who has served part of their sentence to complete the remainder in the community under supervision. However, this release isn't without strings. It comes with a specific set of rules and conditions that the individual, now known as a parolee, must follow strictly.
These conditions are designed to support a successful return to society while protecting public safety. Many of the common parole conditions include the following.
Regularly reporting to a parole officer
Maintaining employment or actively seeking it
Abstaining from alcohol and illegal drugs
Submitting to random drug testing
Avoiding contact with known criminals or victims of the original crime
Not leaving a specified geographic area without permission
Attending counseling or treatment programs
Adhering to these conditions is fundamental. Any violation can undo the progress the parolee has made and lead to a re-arrest, which typically results in further incarceration.
What Constitutes a Parole Violation?
A parole violation occurs when a parolee breaks any of the terms of their release. These violations generally fall into two categories: technical violations and new criminal offenses.
A technical violation is a failure to comply with the specific conditions of parole. This could be as simple as missing a meeting with a parole officer, failing a drug test, or traveling out of state without permission. While these actions may not be illegal for the general public, they are grave breaches of the parole agreement.
The second type of violation is committing a new crime. If a parolee is arrested and charged with a new offense, from a minor misdemeanor to a serious felony, it is an automatic and severe violation of their parole. This is often treated more seriously than a technical violation because it involves new criminal activity.
The Process After a Parole Violation Arrest
If a parole officer believes a parolee has committed a violation, they can issue a warrant for the parolee's arrest. Once the individual is taken into custody, they are typically held without the immediate option of bail. This is a key difference from a standard arrest. The reasoning is that the person has already been convicted of a crime and was given a chance to serve their sentence in the community, a chance they have now possibly jeopardized.
Following the arrest, a parole revocation hearing is scheduled. This isn't a new criminal trial. Instead, it's an administrative hearing to determine two things:
Did a violation of the parole conditions actually occur?
If so, what should the consequences be?
The parole board, not a judge or jury, usually presides over this hearing, and the standard of proof is also lower than in a criminal trial. The board only needs to be reasonably satisfied that a violation occurred.
Can a Bail Bond Help with a Parole Violation?
When an individual is arrested solely on a parole violation warrant, they are typically held on a "no bond" basis until their revocation hearing. In this scenario, a bail bond is not an option to secure their release before the hearing.
However, the situation changes if the parole violation stems from a new criminal charge. In this case, there are two separate legal matters to address: the new charge and the parole violation.
For the new criminal charge, a judge will set a bail amount. In this case, a bail bondsman can post a bail bond to secure release for this new case. Posting this bond allows the individual to be released from custody while they fight the new charges. This freedom is valuable, as it facilitates easier collaboration with an attorney and the preparation of a defense.
However, even after bonding out on the new charge, the parole violation warrant—often referred to as a "parole hold"—may still be active. This hold can prevent the person's release from jail. Sometimes, the parole officer may be willing to lift the hold once bail is posted on the new charge, but this is not guaranteed. It often depends on the nature of the new charge and the individual's past criminal history.
Why You Still Need a Bail Bondsman
Even with a parole hold in place, working with a bail bondsman is a good idea. By posting the bond for the new charge, you can demonstrate to the court and the parole board that you are taking the matter seriously. It shows a commitment to attending all future court dates related to the new offense.
Successfully resolving the new charge in your favor can also positively influence the outcome of your parole revocation hearing. If you are found not guilty of the new crime, the parole board may be more lenient in your case. The freedom to build a strong defense is a significant advantage, and that's what posting a bail bond provides.
At Smiley Bail Bonds, we can guide you through this process. Our role is to provide the financial means to secure your release on the new charge and to offer guidance on what to expect. We strive to work quickly to post the bond so that you can focus on the next steps with your attorney and the parole board.
Parole Violation Laws in Tennessee
In Tennessee, the Board of Parole holds the authority to grant and revoke parole. The state's laws give the board significant discretion when handling violations. When a parole officer issues a warrant for an alleged violation, the parolee is arrested and held. Under Tennessee Code Annotated § 40-28-122, the parolee is entitled to a hearing.
During this hearing, the parolee has the right to be present, to present evidence, and to have a lawyer represent them. If the board finds that a violation occurred, it can choose to reinstate parole, perhaps with stricter conditions. It can also revoke parole entirely, in which case the individual is sent back to prison to serve the remainder of their original sentence. It's important to note that for a new felony conviction, parole revocation is often the standard outcome.
Bail Bondsman in Nashville, Tennessee
For over twenty years, Smiley Bail Bonds has been a cornerstone of support for communities in Nashville, Tennessee, and the surrounding regions, including Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
As a family-owned company, we are known for fast, dependable, and trustworthy assistance, and we are committed to our clients from start to finish. Our in-depth knowledge of the legal system and the bail process enables us to provide exceptional assistance during challenging times. When you need a professional and compassionate team on your side, give us a call.