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Charged with Parole Violations?
Parole Violation Lawyers & Criminal Defense Attorneys
A parole violation attorney plays a critical role in protecting the rights and freedom of individuals accused of violating the conditions of their release. Parole allows people convicted of a felony to serve the remainder of their sentence in the community under supervision, but it also comes with strict rules and oversight. Even a minor misunderstanding or technical mistake can lead to a violation, an arrest, and the possibility of being returned to prison.
Parole Violation Lawyers Nearby
Parole is intended to monitor a person who has been released from prison after being convicted of a felony. As part of parole supervision, a parolee must comply with the law and follow all terms and conditions set by the New York State Department of Corrections and Community Supervision. These conditions may include regular reporting, curfews, employment requirements, electronic monitoring, treatment programs, and restrictions on travel or associations.
If you or someone you know has questions about parole or has been charged with violating parole, you should contact a criminal lawyer who handles parole violations. An experienced attorney can explain the rules of supervision, protect your rights, and help you navigate the violation process.
FAQs About Parole Violations
Parole refers to supervision after release from a state prison sentence. Therefore, it is only ever part of a felony conviction and after a person is released from state incarceration.
Probation is usually a similar type of supervision, and can also accompany a felony, but is not tied to a prison sentence or release from prison. Refer to our probation page for questions you may have about that type of sentence.
The length of parole largely depends on the original sentence and when you are released from prison. While parole is handled by local offices around the state, they are state agencies, not county ones.
Parole supervision is the same as post release supervision. Like parole, post release supervision occurs after release from a state prison sentence. The difference in name is that parole supervision follows an indeterminate state prison sentence while post release supervision follows a determinate state prison sentence.
After being paroled but prior to your formal release, you will receive information about who will supervise you and what your parole conditions are. Depending on the type of conviction there may be restrictions on where you can live upon your release. Parole conditions also may require GPS monitoring, regular drug testing, and obtaining employment.
Before reform laws, you would likely be incarcerated without bail and held pending your hearing on the alleged violation. Now, there are significant opportunities to continue with release, either under conditions or bail, largely determined by whether your alleged violation is a ‘technical’ violation or a ‘non-technical’ one.
Regardless, an Administrative Law Judge will oversee your case, as opposed to the Judge that originally sentenced you. Also, rather than a county prosecutor, the state will be represented by a Parole Revocation Specialist.
Yes. You have a right to have a preliminary hearing within 15 days of being picked up on the arrest warrant. You have the right to an attorney and should ask to speak with one before making any decisions about conducting, or waiving this hearing.
After conducting or waiving the preliminary hearing, you will be scheduled for a final revocation hearing.
The Administrative Law Judge must find by a preponderance of the evidence that you violated at least one of your parole conditions. You have the right to examine witnesses called against you, through your attorney, and to present evidence on your own behalf.
For technical violations:
- Reincarceration is not permitted for the following:
- Violation of curfew
- Alcohol/substance use (unless the conviction is for driving under the influence)
- Failure to notify PO of a change in employment status
- Failure to pay surcharges and fees
- Obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited by the person’s conviction.
- Failure to notify PO of police contact unless intended to hide illegal behavior.
- For all other technical violations:
- 1st and 2nd violations: 0 days
- 3rd violation: 7 days
- 4th violation: 15 days
- 5th violation or more: 30 days
- For absconding, defined as intentionally avoiding supervision by failing to maintain contact with the assigned parole office, not notifying parole officer of a change in residence, and that parole officer could not successfully re-engage with reasonable efforts:
- 1st violation: 7 days
- 2nd violation: 15 days:
- 3rd violation: 30 days.
For non-technical violations you face a return to state prison.
Willard refers to a department of corrections program that is aimed to addressing acute drug addiction. It is usually a 90-day treatment program that will be overseen by the department of corrections and the office of alcoholism and substance abuse services (OASAS). Typically, after graduating from the Willard program, you are returned to parole supervision.
If you are charged with a new crime while on parole, usually your parole officer will seek an arrest warrant for an allegation that this new crime violates the terms and conditions of your parole. You will likely be remanded to jail without the opportunity to post bail while you await final resolution of the new charges.
The “K calendar” refers to an indefinite adjournment when you are on parole and are charged with a new felony. Making admissions at a parole hearing would be detrimental to the new charges against you, and therefore, it is likely that your case will remain on the “K calendar” until the new charges are disposed of. What punishment you face for the parole violation will likely be decided based on the resolution of your new criminal charges. Any conviction will likely result in revocation of your parole and additional state prison time.
Potentially, again largely determined by whether it is an alleged technical or non-technical violation. The legal changes as contained within the “Less is More” act have provided significant opportunities to remain at liberty while a parole violation is pending.
Our blog post, Five Things To Know About The New Parole Rules Under “Less Is More”, explains the differences between a technical violation versus a non-technical violation of parole.
“30 for 30” refers to the fact that for every 30 days you spend on parole without a violation, you will receive 30 days off. In practice, that means if you continue to do well, you will only serve half of your total parole sentence.
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