When can my parole be revoked because of pending criminal charges?
Unless a request is received from the prosecutor or the Director of the Division of Parole to start the revocation hearing process, the Board cannot revoke your parole before the pending criminal charges are disposed of in court. If a request is received, a Board panel will decide if a warrant will be issued to detain you and whether you will receive a revocation hearing before disposition of the pending criminal charges. If it is determined that a revocation hearing should be conducted, a warrant will be issued for your arrest. Upon your arrest, you will have a preliminary/probable cause hearing. If probable cause is found, you will have a revocation hearing. At the revocation hearing, there must be “clear and convincing evidence” that you committed a crime before your parole can be revoked. There are separate general conditions of parole that require you to refrain from owning or possessing a firearm or weapon and to refrain from the use, possession, or distribution of a controlled dangerous substance, controlled substance analog, or imitation dangerous controlled substance. A formal request from a prosecutor or the Director of the Division of Parole is not required to be submitted (and approved by a Board panel) prior to the revocation hearing process being started for an alleged violation of such a condition of parole.