Restrictions Placed on Offenders After Release

 

Mcintyre & Associates
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Michael Kennedy McIntyre has practiced as an attorney at Atlanta, Georgia’s Michael Kennedy McIntyre & Associates since 1985. The firm practices exclusively in the field of criminal postconviction representation. In addition to representing offenders who are currently incarcerated, McIntyre & Associates also represents offenders who have been released from prison but have various restrictions placed on their lives.

In the United States, individuals released from prison face a number of legal restrictions, though the extent and precise nature of these restrictions vary from state to state. Convicted felons are prohibited from holding public office in many states. The severity of a person’s offense can determine whether or not they can run for office, and in some states this right is reinstated after a certain period of time, such as one decade after the completion of a served sentence.

Serving on a jury is another activity felons are barred from engaging in in numerous states. Similar to running for office, many states allow an individual to reclaim this right after a predetermined period of time. A few additional restrictions placed on convicted felons include suspension of voting rights and added challenges or a denial of international travel and joining the military.

Any individual who is concerned about the restrictions they may face after serving a criminal sentence, or who would like to learn about alleviating some of these restrictions, should reach out to a local attorney experienced in areas of criminal rights and postconviction representation.

Georgia Court of Appeals and the Standards of Review

 

Mcintyre & Associates
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Since 1985, attorney Michael Kennedy McIntyre has been representing clients in criminal postconviction matters. Michael Kennedy McIntyre is the owner of McIntyre & Associates in Atlanta, Georgia. Part of Mr. McIntyre’s postconviction practice includes offering expertise on the appeals process in Georgia. Established in 1906, the Georgia Court of Appeals serves as the intermediate appellate court in the state. The court, which includes five divisions and 15 total judges, mandates that appeals presented to the court identify the applicable standard of review. Standards of review refer to the deference a trial court is granted by an appellate court that reviews its decision. These standards are categorized in three areas: procedural errors, questions of law, and questions of fact. Standards involving disputes based on the interpretation of facts by the trial court are typically based on: Arbitrary and Capricious – A standard that typically applies to administrative cases, and determines whether the original ruling was arbitrary or motivated by issues other than the presented facts. Lack of Substantial Evidence – This standard refers to cases in which the lower court ruling was made without sufficient evidence to support it. Clearly Erroneous – A standard that applies to rulings that conflict with the presented evidence.

Pre-Parole Investigations in the State of Georgia

 

McIntyre & Associates
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For more than three decades, attorney Michael Kennedy McIntyre has led Michael Kennedy McIntyre & Associates in Atlanta, Georgia. At Michael Kennedy McIntyre & Associates, Mr. McIntyre and his team provide post-conviction representation for clients whose cases are being considered by the Georgia State Board of Pardons and Paroles. Many offenders in the Georgia Department of Corrections typically are required to serve one-third of their sentences before they are eligible for parole consideration. Before considering an offender for parole, the Georgia Board of Pardons and Paroles conducts a pre-parole investigation. This process creates a file that includes the offender’s personal history and information about the offender’s convicting offense and former arrest record. Pre-parole investigation files are maintained by the Parole Board and used as the basis for all decision-making related to granting or denying an offender’s release on parole. Another document considered during the process include the Department of Corrections’ Parole Review Summary, which covers the offender’s activities and behavior in prison. Generally, there are four possible results of the Georgia Parole Board’s consideration of an offender for parole: first, the Georgia Parole Board may grant the offender parole; second, the Georgia Parole Board may deny parole entirely and require the offender to serve out the entire sentence; third, the Georgia Parole Board may establish a Tentative Parole Month for the offender; and fourth, the Georgia Parole Board may instead establish a “Reconsideration Date.” A “Reconsideration Date” is the future date when the Georgia Parole Board will next consider the offender for parole.

Georgia Department of Community Supervision

Department of Community Supervision
Image: dcs.georgia.gov

Michael Kennedy McIntyre opened his practice, Michael Kennedy McIntyre & Associates in Atlanta, Georgia, over 30 years ago and specializes in post-conviction representation. McIntyre & Associates is available to assist individuals with issues that arise while on parole or probation in Georgia. For years in Georgia, parolees were supervised by the Georgia Board of Pardons and Paroles and probationers were supervised by the Georgia Department of Corrections. In 2015, based upon a review by the Georgia Council of Criminal Justice Reform, a bill was introduced to the Georgia Assembly which would combine the supervision of parolees and probationers by creating one state agency that would be responsible for all offender supervision. That bill, HB 310, was signed into law in May 2015 by Governor Deal and thereby created the Department of Community Supervision (DCS). The DCS monitors both parolees and probationers has its headquarters in Atlanta and field offices throughout the state.