If you are arrested on a parole violation charge, you are likely to feel a little frightened and confused. You may think that a violation of parole will be the end of the world. However, a skilled Long Island parole violation defense attorney can help you keep your freedom. The consequences of a parole violation are surprisingly severe.
Depending on the severity of the crime, a person could be sentenced to time in prison. In addition to jail time, the individual will also have to make several other changes in their life. They may be required to stay away from places where children congregate, and they may have to avoid contacting former criminal associates. A skilled lawyer will have the skills to challenge evidence against you and will ensure that your statements are not misinterpreted.
Parole is a form of conditional release from prison, but there are many strict rules that must be followed in order to remain on the list. For example, a person who violates a technical violation such as a missed curfew may be subject to an increased restriction. Also, a person who is convicted of a sexual offense must avoid places where the victim might be able to cross paths with the offender. Those convicted of a DWI will be required to install an ignition interlock device on their vehicle.
If you are suspected of violating a parole, you will be arrested and will be held in custody without bail. The arresting officer will not be able to explain the specifics of the warrant to you. Until you get legal counsel, you should not speak with police investigators.
The first step to take when you are accused of a parole violation is to get an experienced defense attorney. This will allow you to learn more about the rules and regulations that govern parole, and it will allow you to get the answers you need from a reliable source. Once you know how to handle the situation, you can then move forward with your case.
During the parole process, you may be ordered to report to your probation officer on a regular basis. Your probation officer is responsible for enforcing the conditions of your parole, which include staying away from certain areas of the community. You can expect to be subject to additional restrictions such as drug testing and adherence to a curfew.
When you are accused of a parole violation, you should contact a Long Island parole violation lawyer as soon as possible. Not only will a lawyer be able to defend you at the hearing, they will also be able to present you with evidence that proves your innocence. Even if you do not think you have committed a crime, it is still important to consult with a lawyer as soon as you can.
Defending a parole violation may sound overwhelming, but a competent attorney can make it much easier. A good lawyer will be able to explain the process to you, present you with evidence, and discuss your options with you.
The consequences of parole violation in New York can be very severe. People can be incarcerated for the simple act of refusing to show up to a hearing or they can be jailed for breaking the rules of their community supervision. In some cases, people can even be detained without bail. But the new law in New York, dubbed Less Is More, is changing that.
Technical parole violations, which involve a violation of the supervision stipulations, will no longer result in automatic incarceration. Under the new law, courts will have to use the least restrictive means to ensure that people appear at their parole hearing. This is a change that advocates are praising as a positive step toward equality for black and brown communities.
Prior to the Less Is More bill, people on parole were not required to represent themselves at a revocation hearing. However, a state statute mandates that supervisees have the right to be represented. A supervisee can also file an appeal with the state court.
For years, the Department of Corrections and Community Supervision (DOCCS) had operated with impunity. As of March 1, nearly 1,600 individuals were behind parole warrants. Although the department has lifted most of the warrants, 91 people are still behind bars. They had been held on $1 bail for new charges. And as of this month, 843 people were freed from jail because they were released because of a lowered parole warrant.
When a parolee is charged with a violation, they will receive a "Violation of Release Report." This document will include a statement that indicates whether they violated the stipulations of their release. If they are convicted of the offense, they will be sent to prison. The Violation of Release Report will also include the date of the violation and the time of day. Parolees can be prohibited from drinking alcohol. There are several other penalties for violating the parole rules.
In addition to the Violation of Release Report, a parolee will be given a notice of the violation. At this stage, the parolee may present evidence that they were not in violation. Many times, the violation is a minor one that will not result in a revocation. But if the violation puts someone at risk, then it could lead to a revocation.
The consequences of parole violation in New York will be spelled out in a new law that will be enacted. The new law aims to improve the criminal justice system, while at the same time keeping people in their communities. It will speed up the timeline for a parole hearing, and make it harder for DOCCS to lock people up for simple infractions. While the legal complexities of this new law are complicated, the broader goal of the legislation is to keep people out of the prison system and give them more legal rights.
Advocates say the new legislation will improve public safety by decreasing the revocation of parole for technical violations. Currently, those who are accused of breaking the rules of their community supervision face higher rates of reincarceration than the people who committed the original crime. Those who are re-incarcerated for technical violations are often black and Latino. According to a report from the Legal Aid Society, black and Hispanic parolees are held in disproportionate numbers.
If you're arrested on charges of a parole violation in New York, you should understand the process. Specifically, there are two phases to the revocation process. The first is a preliminary hearing. This is a process in which the Parole Division investigates the alleged offense. Ultimately, probable cause is determined, and the person is either incarcerated or released. However, if the Preliminary Hearing Officer determines there is not probable cause, the case will be dismissed.
The second phase is a final revocation hearing, which is conducted by an Administrative Law Judge. It is considered the legal equivalent of a trial, and it is held before the New York State Parole Board.
At the revocation hearing, the Parole Division will gather information about the alleged violation, such as witness testimony. Once the evidence has been collected, the officer will review it to determine if there is probable cause. In some instances, the officer will issue a warrant for the person's arrest. During this phase, the person cannot be granted bail. A warrant remains in effect throughout the revocation process.
In some cases, the DOCCS (Department of Corrections and Community Supervision) will represent the individual in the revocation hearing. However, the state does not have an obligation to provide counsel for indigent individuals. Depending on the circumstances, an attorney may be appointed. Ideally, you should have an experienced lawyer by your side to protect your freedom during this time.
There are many reasons why you should get an attorney at a revocation hearing. For instance, you could have an attorney if you intend to challenge the alleged violation or raise arguments in your favor. You also may want to seek legal counsel if you are unsure of your rights or if you wish to have a better understanding of the revocation process.
The most important thing to keep in mind is that reincarceration should be reserved for specific, special circumstances. Periods of reincarceration should be as short as possible. Otherwise, they can impede your ability to reenter society.
Finally, if you're a parolee, you should know that you can waive your right to a revocation hearing. While this option is not available in all situations, it can prove to be a valuable strategy if you believe you are a victim of a parole violation. Using this strategy could allow you to stay in the community and avoid being returned to prison.
If you're a person accused of a parole violation, it's crucial to have a skilled lawyer by your side. Whether you have a case pending or you're planning on applying for release, it's a good idea to hire a wide array of lawyers, paralegals, and victims' advocates. After all, a good lawyer is the one who can defend you best. Moreover, a good lawyer can help you prepare a comprehensive packet. Often, this package will contain a number of materials such as a resume, a legal brief, and a personal statement.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060