Parole Hearings are distinct post-conviction processes. The Parole Board of Canada is governed by a number of federal laws, notably the Prisons and Conditional Release Act while determining whether a person is eligible for parole.
Before their statutory release, people serving a sentence in a provincial or federal facility complete two-thirds of it. Prior to that, though, they will be able to request a parole hearing and become eligible for parole. The criminal has a right to an attorney at this hearing who can represent him or her and provide assistance.
What does Parole entail?
According to section 120 of the Prisons and Conditional Release Act, a prisoner serving time in a provincial or federal facility is qualified for full release after completing one-third of their term.
However, there are certain exceptions:
- First-Degree Murder → First-degree murderers is not eligible for release until they have completed a minimum of 25 years of their sentence.
- Second-Degree Murder → After serving a sentence of 10 to 25 years, a person convicted of murder conviction will be entitled to parole. When someone is found guilty, the judge will consider the arguments and decide when they are eligible for parole.
- Dangerous Offender → A person who is facing an indeterminate sentence (one without a defined end date) and is recognized by a court as a ‘Dangerous Offender’ is eligible for parole after serving their sentence for seven years.
Just because a criminal is entitled to that accusation does not guarantee that it will be given. The individual is eligible to have their case examined and evaluated by the Parole Board of Canada as of the date of eligibility.
What happens during a Parole Hearing?
This hearing is conducted quite differently from other court cases in the criminal justice system from a procedural standpoint. The offender appears before the Parole Board of Canada’s members rather than a judge.
The following individuals may attend the hearing in regard to the members of the board and the office:
- A supportive person, such as a relative, or the offender’s attorney, if one has been hired by the offender
- The offender, the victim, and the victim’s family, if they choose to attend; or
- Another person has been given the Parole Board of Canada’s approval.
The process of a hearing is more conversational and casual, with the board members asking the offender a number of individualized questions. The parole officer will also be questioned by the board members regarding the offender’s conduct and efforts while imprisoned. It will also be read if the victim has written a Victim Impact Statement.
Where to refer for handling Parole Hearing cases?
The details mentioned here give a comprehensive overview of parole, the procedure for a parole hearing, and various sorts of conditional release.
In need of legal representation for a parole hearing? Call the Kisel Law office at (289) 835-3465 right away to find out more about how we can assist you. With a thorough understanding of the extremely unique character of these trials, Kisel Law legal attorneys have handled parole hearings for people serving both provincial and federal terms.
1. What is a parole hearing?
A parole hearing is a legal proceeding in which a prisoner petitions for early release from prison before serving their full sentence. The parole board reviews the inmate’s behavior, rehabilitation efforts, and the nature of their crime to determine whether parole should be granted.
2. How does the parole hearing process work for individuals convicted of crimes?
The parole hearing process involves a review of the inmate’s criminal history, conduct while incarcerated, and risk to public safety. The parole board considers factors like the seriousness of the crime, any rehabilitative programs the individual has completed, and their readiness to reintegrate into society.
3. Can someone convicted of a violent crime be granted parole?
Yes, individuals convicted of violent crimes may be eligible for parole, but the likelihood of approval depends on several factors, including the severity of the crime, their conduct in prison, and their rehabilitation progress. It is essential to present a strong case during the parole hearing to improve the chances of parole being granted.
4. What factors affect parole eligibility for those convicted of crimes?
Parole eligibility is influenced by the type of crime committed, the offender’s criminal record, rehabilitation efforts, the time already served, and whether the offender shows remorse and has made efforts to change. The parole board evaluates these factors to assess whether the individual poses a risk to society if released.
5. How can an attorney help with parole hearings for individuals convicted of crimes?
An attorney experienced in parole hearings can provide valuable guidance by reviewing the case, preparing the necessary documentation, and representing the inmate during the hearing. A skilled lawyer can help highlight the inmate’s rehabilitation and improve the chances of securing parole.