Have You Been Charged with Breaching a Term or Condition of Parole?
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If you’ve been charged with breaching parole, it’s crucial to seek legal advice from a lawyer experienced in handling parole breach cases. Breaching parole can result in serious consequences, including imprisonment, and understanding your rights and the legal process is essential.
At MK Law, we specialise in criminal law and have represented clients in hundreds of breach cases. We are ready to assist you with your case.
What must the prosecution prove?
A parole breach occurs when a person, subject to a parole order, violates a prescribed term or condition of that order. Under Section 78A of the Corrections Act 1986, the prosecution must prove three things:
- You were subject to a parole order.
- You breached a specific term or condition of that parole order.
- The breach occurred without reasonable excuse.
It’s important to note that a proceeding for a parole breach can be commenced within two years of the alleged offence under s 79A(2) of the Corrections Act.
What are the Penalties for Breaching Parole?
If convicted of breaching a term or condition of parole, the maximum penalty is:
- 3 months imprisonment, or
- 30 penalty units, or
- Both imprisonment and a fine.
Key Questions to Consider if You Have Breached Parole:
If you’ve been accused of breaching parole, here are some important questions to consider that may help in preparing your defence:
- How did the breach occur?
Was the breach due to further offending or non-compliance with parole conditions?
- Can you establish a reasonable excuse for breaching the condition?
For example, did personal circumstances or health issues make compliance difficult?
- Is the Corrections report accurate?
Is there any dispute over your level of compliance with the terms of your parole? You may need to review the breach report provided by Corrections to ensure it accurately reflects your conduct.
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What Should You Do if You’ve Been Charged with Breaching Parole?
It’s essential to seek legal assistance immediately if you’ve been charged with breaching parole. The courts take breach offences seriously, and repeat offenders face harsher consequences. An experienced criminal lawyer will help prepare your case, challenge any inaccuracies in the breach report, and present any mitigating factors or reasonable excuses to the court.
At MK Law, we will ensure that your case is thoroughly examined and that all legal options are explored to achieve the best possible outcome.
If you have further questions or would like to discuss your case, contact our team of criminal lawyers today on 1800 130 120. We are here to help you navigate the legal system and ensure that your rights are protected.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au