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.
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
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Michael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about gett... Read MoreMichael Sunderland from MK Law handled my matter with professionalism, respect, and genuine care. It was clear that he genuinely cared about getting the best result possible, and his preparation and courtroom presence reflected that commitment. Michael’s professional demeanour and respectful conduct, both with me and within the court, gave me the utmost confidence I was in the right hands. He clearly explained the process, kept me informed, and made me feel confident throughout. The outcome was far better than I expected, thanks to his expertise and strategic approach. I’m truly grateful for his support and wouldn’t hesitate to recommend him. Read Less55/5
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I cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, kno... Read MoreI cannot thank Michael Sunderland from MK Law enough for the way he handled my case. From the very beginning, Michael was highly professional, knowledgeable, and thorough in every aspect of the process. He took the time to explain everything clearly, which gave me great comfort and confidence throughout what could have been a very stressful time. Michael’s expertise and guidance reassured me that I was in the best hands, and his calm and confident approach made a huge difference to my peace of mind. He was always approachable, responsive, and dedicated to achieving the best possible outcome for me. I would highly recommend Michael Sunderland to anyone seeking a lawyer who is not only exceptionally skilled but also genuinely cares about his clients. Read Less55/5
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I would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first m... Read MoreI would like to sincerely thank Ashleigh for her exceptional support and professionalism during a very difficult time in my life. From the first meeting, she was calm, respectful, and clear about what I could expect. She never judged me, always listened carefully, and explained every step of the legal process in a way that made me feel supported and confident. Ashleigh handled my case involving a traffic offence with care and honesty. She gave me solid advice, helped me prepare all the right documents, and even guided me on how to speak respectfully in court. Because of her help, I was able to present myself properly before the judge and achieve a much better outcome than I expected. What really stood out to me was her genuine concern for my future. She didn’t treat me like “just another case.” Ashleigh is not only a skilled lawyer — she is also a kind person who truly cares about her clients. I highly recommend Ashleigh to anyone in need of legal help. She is trustworthy, professional, and goes above and beyond for her clients. Thank you again for everything. Read Less55/5
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I would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. ... Read MoreI would like to highly recommend Michael Sunderland. Michael took on my matter from another lawyer that was not able to represent me at the time. Michael was well prepared, taking onboard all the information, with communication all the way. He clearly explains all the outcomes and was by my side every step of the way. A genuine caring lawyer that has your best interest. Read Less55/5
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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Contact Us
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au