When a person is convicted on criminal charges, they will receive a sentence appropriate for the crime, as determined by the court. When a person is sentenced to jail time, the court will provide a minimum and maximum term for the person's incarceration. Even while incarcerated, a person still has the right to the services of an attorney. For terms of incarceration less than 24 months time, the individual will be able to serve their sentence at the county level. If a person serves their sentence with Philadelphia County, any and all parole filings and motions must be done with the Trial Division of the Philadelphia county Court of Common Pleas.
Early Parole in Philadelphia County
A person may negotiate typically once they have served the minimum term of their established sentencing. At times, however, a person may be eligible for an early parole release, but they must petition the court. An incarcerated individual may file for early parole at any point during their imprisonment, however, the court will consider factors when determining whether or not an early parole hearing. These include:
- Behavior exhibited by the defendant during incarceration
- Impact of the crime on the victim
- Their criminal conviction and prior record
- The defendant's argument in their petition for an early parole release
Filing for Early Parole in Philadelphia County
Although a person may file for early parole on their own, doing so from a position of incarceration can be a difficult and arduous process. Defendants must attend a parole release hearing if the judge decides to hear out their argument. Most hearings will involve the judge that assigned the sentencing, as well as members of the Philadelphia County Board of Parole. The board will meet with the parolee to hear out their case for an early release. All of the above factors, as well as the parolee's arguments in the hearing, will be weighed out to determine whether an early release can be granted. The board will make a decision at the end of the hearing, and set terms of parole if it is granted.
While incarcerated, a person has far less access to the time and resources it takes to build a strong case. Parolees at interviews are entitled to attorney guidance and representation. An attorney at this stage can be incredibly helpful to a parolee's case. Attorney representation can not only ensure that a parolee's case in front of the board is strengthened but can also help a parolee's filing move forward more quickly through the court system. This can make sure a parolee's case gets to a hearing stage more quickly than if they were going to engage in this process by themselves.
If you or your loved one is engaged in the parole process in Philadelphia County, contact LLF's Criminal Law Team today.
