What Is Parole and Probation Immunity?
Victims of crimes committed by offenders on parole and probation are offered immunity regarding lawsuits resulting from their testimony. Because the risk of revocation of parole or probation is so serious for an offender, any accusation brought against him or her is going to be met with fierce resistance. A victim of a crime needs to be able to testify with confidence and free of fear, assuming they are telling the truth.
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Exception
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Crime victims can, however, be sued for damages if their testimony is found to be intentionally false or malicious.
Time Frame
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Within five days of receiving an appeal by the accused, the court makes a determination as to whether the accusation is intentionally false and malicious.
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Effects
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If the accusation is found to be malicious or intentionally false, the offender will be allowed to proceed with a lawsuit against the alleged victim. If the accusation is not intentionally false or malicious, the complaint is dismissed.
Warning
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If the action filed against the victim was done with the intent to intimidate, harass or abuse the victim, severe disciplinary action can be taken against the offender. The person on probation can lose sentence reduction credits, making it less likely he will be able to terminate probation or parole early. He can also lose his rights to file similar actions against victims in the future.
Benefits
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This granting of immunity to testify against offenders on probation or parole is intended to free victims from the fear of having to defend themselves against a lawsuit if they choose to testify in court against a person with a known criminal record. It helps assure the safety of all the members of the community against possible dangers of those on supervised parole or probation.
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References
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