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Conditional Release from Prison

A conditional release is the release of an accused individual or convict from custody or imprisonment, under conditions that do not allow certain activities or associations. Breach of any of the conditions would revoke the release order and send the individual back into custody or imprisonment. There are several different types of conditional release programs the most widely used being known as parole. Below some of the most commonly asked questions about conditional release are answered by Experts.

If a person that is out of prison on conditional release is involved in a traffic accident and receives a ticket. Does this cause a conditional release violation sending them back to prison?

If the individual was not arrested and no charges filed, then this would not be a criminal issue, but a civil dispute between them and the other driver. However if charges are filed the person should retain a criminal defense lawyer and not speak to the police without one.

Is it legal for a person awaiting trial for three counts of a felony charge, to be released from jail to the custody of their parents in order to go to a medical appointment, with no supervision or escort from the police?

In most cases it is the judge’s discretion to order a conditional release such as this one. Typically the only recourse a person would have would be to contact the prosecutor’s office and ask the prosecutor to file a motion to challenge the judge’s decision or appeal the judge’s decision.

Are there any laws regarding a hit and run that resulted in the death of a person’s dog, and how should a person proceed to prosecute on this matter?

Typically, in most states, a person’s pet is considered personal property, and most statutes provide a criminal penalty for Hit and Run resulting in property damage. Most generally it would be a class A Misdemeanor to leave the scene of an accident where there is property damage. However, this crime elevates to a class D felony if the accident resulted in property damage of over one thousand dollars or is a second offence.

How would a forensic patient that pleaded insanity, arrange a conditional or unconditional release from a mental hospital that they have been in for almost twenty years?

In some cases a person could get an attorney to file a petition for a writ of Habeas Corpus, which puts the burden on the state to prove the legality of the individual being confined there. Also the lawyer could file a motion for a new psychiatrist to examine the person and testify at the hearing on the Habeas Corpus petition.

Is there anything that a person that has been compliant with all aspects of their parole do to expedite an early release?

Most generally the continued satisfactory performance on parole would be essential to any early discharge. However, an individual cannot make any request regarding their discharge date; neither can anyone else on their behalf. It is entirely an internal administrative process for the parole board itself to determine a release date.

In the case of a conditional release the prisoner most generally agrees to certain conditions and terms. In some cases the prisoner honors and abides by these restrictions, but when these restrictions are ignored prison is most generally the alternative. A conditional release sometimes can be used not only on civilian prisoners but also prisoners of war under certain circumstances. The subject of conditional release can be a new beginning for an individual, but can also bring up many questions that need to be answered by the Experts.

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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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