How to Appeal Parole Hearings

Most proceedings within the legal system offer the opportunity for appeal.

Every state has a department devoted to determining whether sentenced prisoners are eligible to make parole from the current sentence they are serving from a conviction. This department will have a name such as the Board of Probation and Parole. If you find yourself as a prisoner who has just been denied parole by a hearing officer, you may still have an opportunity to reverse this decision by filing an appeal using the correct process.

Instructions

1. 

   Hiring an attorney can improve your chances for a successful appeal.

   Hire an attorney. If you choose not to hire an attorney, be diligent in the review of your case and legal documents. Determine whether cause exists to appeal the decision. In most cases, cause will be based on new information that was previously unavailable, misconduct by the hearing officer or an error in procedure.

2. 

   Create notes to better prepare your case.

   Complete all forms required by the state parole board. Draft your own letter explaining why you are requesting the appeal along with information relating to your participation in rehabilitative programs and good behavior while incarcerated. Attach any additional evidence that will support your request for an appeal.

3. 

   Submit all appeals documents within required time.

   Submit your documentation and required forms to the state parole board's central office. The central office staff will review your appeal to determine if it meets mandated criteria to be reviewed by the parole board. Failure to meet the mandated criteria will end your appeal with a denial.

4. 

   The final hearing is your opportunity to address the board in person.

   Appear before the state parole board for your appeal hearing. Present your case with supportive evidence or documentation. Explain to the board why you believe that releasing you on parole would pose no danger to society. Discuss how your family and community may benefit by your return as a productive member of society.

5. 

   Notification of the board decision will usually be through mail.

   Receive your appeal hearing decision either by mail or from a parole hearing officer. If you are denied parole, begin preparing for the next review by maintaining good behavior. If you are approved for parole, return to your family and society as an ethical, working and law-abiding citizen.

Tips & Warnings

• Representing yourself through the perils of the legal system is not advised. Seeking the advice of legal counsel is best.

References

• Tennessee Government: Board of Probation and Parole; Hearings Officers Division; Charles Traughber
• Defendants' Guide Appeals, Review and Parole in New York; Bruce R. Bryan; 2005