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All people are guaranteed due process rights under the 5th and 14th Amendments to the U.S. Constitution. At its core, due process is the requirement that the government respect all of our rights and administer justice fairly and according to proper legal procedures. Most people think of due process as only being important after an arrest, but due process applies in any situation in which you encounter the legal process – including during parole hearings.
When you have been released on parole, your parole can be revoked at any time if the conditions for your release are not met. The courts have considered this to be a fair punishment as parole is considered a privilege and not a right. However, you still have a right to due process before your parole is revoked – and that means you’re entitled to a hearing during which the government must demonstrate that revoking your parole is legally justified.
Parole hearings must meet certain requirements in order to satisfy due process. Before your parole can be revoked, you have a right to:
All of these things must be provided to you in order for a parole revocation to be legitimate, yet few people take advantage of these rights. The result is that many people are simply sent back to jail when they may have been able to stay out on parole. Due process is an important constitutional right intended to protect you from government overreach. When facing a possible parole revocation, you should make sure that all of your rights are protected with the help of a skilled criminal defense attorney.
If you have been accused of violating parole, contact an Ohio criminal defense attorney right away to help you fight the charges and possibly keep your freedom. Call us Luftman, Heck, & Associates today at to find out how we may be able to help.