Should Attorney for Parole Hearing Be from Prosecuting State or Incarceration State?

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“I would like to know if you can answer this question? I have a family member in prison . He got life in prison with parole. He comes up for parole – his second parole hearing – next year. He was charged with the crime in Virginia . But he is doing time in Arizona because he turned state’s evidence. To get an attorney to go to parole hearing, would it be better for my mom to get lawyer in Virginia where she lives. Or in Arizona where he is in prison?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This question put a slightly different way is who should attend the parole hearing: an attorney from the state that prosecuted the inmate, or an attorney from the state where the inmate is now incarcerated?

To some extent this is going to depend on the parole rules which will be applied during the parole hearing. While the Arizona Board of Clemency conducts parole hearings for inmates in Arizona, if they are genuinely just a host state, they may consider input from the Virginia Parole Board. In addition, other factors may be taken into account.

You should contact each parole board and ask them what should be done, although if resources permit, the best of all worlds may be to have an attorney from each state, and allow them to work together, with the local attorney actually attending the hearing.

You can contact the Arizona Parole Board at (602) 542-5656, and the Virginia Parole Board can be contacted at (804) 674-3081.

Recommended reading (click on the picture for details):
Probation and Parole: Theory and Practice (8th Edition)



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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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