Parole is an opportunity for convicts to reintegrate into society after being released from prison. During this time, it is vital that the parolee adheres to the specific terms of his or her parole. As the New York State Department of Corrections and Community Supervision explains, there are serious consequences for parolees who fail to comply with these terms.
The penalties of violating parole depend on several factors, including the recommendation of the parole officer, the seriousness of the violation and the parole board’s decision. A criminal lawyer in New York City can plan a defense to help you fight these penalties. If you have been accused of a parole violation in New York, call Goldberg & Allen, LLP at 212-766-3366 to schedule a consultation.
In the meantime, read on to learn three steps to take after violating parole:
- Go to the preliminary hearing.
Parole violators typically attend a preliminary hearing soon after being arrested. During this hearing, parole board officers listen to all the evidence and make a decision on whether a parole violation actually occurred.
Officers who attend these hearings never have any association with the parolee or the details of his or her case. This qualifies them to deliver unbiased judgment.
If the parole board officers find sufficient evidence to prove that you violated parole, then they will formally schedule another hearing, called a revocation hearing, for another date. In the meantime, it is likely that you will have to stay in custody, but this will depend on the decision of the parole board at your preliminary hearing.
Although rare, a preliminary hearing is not always a requirement. If your case does not require a preliminary hearing, then it is probable that you will stay in jail until summoned for the final hearing.
In order to detain you until your revocation hearing, the judge will have to issue a temporary revocation order. These measures typically apply to parolees who leave state lines or neglect to report their whereabouts.
- Prepare for the parole revocation hearing.
During the revocation hearing, the parole board will make its decision about your fate. It is crucial that you structure a defense strategy to explain why you violated parole.
There are several sentencing options for parolees who are guilty of violating parole. A return to jail is one option, but the parole board can also send you to an alcohol treatment center, for example, or modify your parole conditions.
When reaching a verdict, the parole board will consider numerous factors, such as the severity and nature of your violation, the amount of time that you still have on parole, and whether you adhered to your other parole conditions. It will also scrutinize your behavior, such as the niche you are building for yourself within your immediate community.
- Build a defense to fight the parole violation charge.
The revocation hearing is an opportunity for you to present the parole board with sufficient evidence to demonstrate that you did not violate your parole conditions. If you or your attorney delivers a successful “no violation” defense, then you will not face consequences for a violation. Alternatively, if you had no choice but to violate your parole, then it is your legal right to justify your actions with an explanation.
Violating parole is a serious offense that could land you back in jail or prison. It is imperative that you fight the charge with a defense strategy based on the particular facts of your case.
A criminal attorney from Goldberg & Allen, LLP can evaluate your case and structure a comprehensive defense. Call 212-766-3366 today to schedule a consultation.