Violating parole on Long Island, New York, can result in severe consequences for individuals who have been granted early release from prison. Whether it’s a technical violation or a new criminal offense, understanding what happens when you violate parole is crucial. It’s essential to be aware of the potential penalties, legal procedures, and the importance of seeking legal counsel to navigate this challenging situation effectively.
If you find yourself facing allegations of parole violation, it is imperative to seek the guidance of an experienced parole violation attorney. Skilled Long Island parole violation lawyer Jason Bassett can help protect your rights, assess the details of your case, and provide valuable advice on the available defenses and mitigating factors. At The Law Offices of Jason Bassett, our team works tirelessly to build a strong defense strategy tailored to our clients’ specific circumstances, advocating for the best possible outcome in their parole revocation hearings.
Don’t face the complexities of parole violation alone. Take the proactive step of consulting with a knowledgeable attorney who specializes in parole law. With their support, you can navigate the legal process with confidence, ensure your voice is heard, and strive for the most favorable resolution. Contact The Law Offices of Jason Bassett today at (631) 259-6060.
Parole and Its Purpose
Parole is a supervised release program granted to individuals who have served a portion of their prison sentence and have demonstrated good behavior and rehabilitation. The primary purpose of parole is to reintegrate individuals back into society while providing them with support and supervision. It offers a chance for individuals to demonstrate their ability to abide by the rules and conditions set by the parole board.
Importance of Compliance with Parole Conditions
The conditions set by the parole board are established with the aim of ensuring public safety and supporting the parolee’s rehabilitation journey. By strictly adhering to these conditions, parolees demonstrate their commitment to the parole process and their dedication to personal growth and change. This compliance fosters a positive relationship with their parole officer and builds trust within the system.
Nevertheless, it is essential to acknowledge that parole violations can happen, sometimes unintentionally, due to factors such as misunderstandings, unforeseen circumstances, or personal challenges. In such cases, seeking the assistance of a knowledgeable parole violation attorney is crucial. These skilled legal professionals can provide valuable guidance, assess the specific situation, and develop a strategic defense strategy tailored to the parolee’s unique circumstances.
Types of Parole Violations
Parole violations can be classified into different categories, each with its own implications and consequences. Understanding these types of parole violations is essential for both parolees and their legal representation. Here are the main categories of parole violations:
Technical violations refer to the failure to comply with the administrative requirements and conditions outlined in a parole agreement. These violations do not involve the commission of new criminal offenses but rather revolve around the parolee’s adherence to specific parole terms and regulations.
- Failure to report to the parole officer as scheduled: Parolees are typically required to meet with their parole officer on specific dates and times. Failing to attend these scheduled meetings without a valid reason is considered a technical violation.
- Failing a drug test: Many parole agreements require regular drug testing to ensure the parolee remains drug-free. If a parolee tests positive for prohibited substances or fails to submit to a drug test, it constitutes a technical violation.
- Changing residence without notifying the parole officer: Parolees must inform their parole officer of any changes in their residential address. Moving without proper notification is considered a technical violation as it hinders the officer’s ability to supervise the parolee effectively.
- Breaking curfew restrictions: Some parole agreements impose curfew restrictions, requiring parolees to be at a designated location during specific hours. Violating curfew by being outside the allowed time frame without valid justification constitutes a technical violation.
Understanding these examples of technical parole violations is vital for parolees to maintain their parole status and successfully complete their terms. Parolees should consult with their parole officers or seek legal guidance if they have any questions or concerns regarding their parole conditions to ensure compliance and avoid potential violations.
|Types of Parole Violations
|Failure to comply with administrative requirements and conditions outlined in a parole agreement. No new criminal offenses involved, but parolee must adhere to specific parole terms and regulations.
|Failure to report to the parole officer as scheduled
|Parolee’s failure to attend scheduled meetings with the parole officer without a valid reason.
|Failing a drug test
|Parolee tests positive for prohibited substances or refuses to undergo a drug test.
|Changing residence without notifying the parole officer
|Parolee fails to inform the parole officer of a change in residential address.
|Breaking curfew restrictions
|Parolee violates designated curfew hours without valid justification.
New Criminal Offenses
Another type of parole violation occurs when a parolee commits a new criminal offense while on parole. This category of violation involves engaging in behavior that is considered a crime, which can range from drug possession or theft to more serious offenses like assault or robbery. When a parolee is arrested or charged with a new crime, it not only violates the terms of their parole but also exposes them to potential legal repercussions for the new offense. The consequences for new criminal offenses can include parole revocation, additional criminal charges, and an extended prison sentence.
Failure to Attend Required Programs
Failure to attend required programs or classes is also a type of parole violation. Parole agreements often include mandates for parolees to participate in specific programs aimed at rehabilitation, such as drug treatment, vocational training, or counseling. Not attending these required programs can be considered a violation, as it demonstrates non-compliance with the conditions outlined in the parole agreement. Parolees should take these programs seriously and actively engage in the prescribed activities to demonstrate their commitment to rehabilitation and successful reintegration.
By understanding the different types of parole violations, parolees can make informed decisions to avoid behavior that may jeopardize their parole status. Seeking legal guidance and staying in regular communication with their parole officer can provide invaluable support in navigating the complexities of parole conditions and reducing the risk of violating them. Compliance with the terms and conditions of parole is crucial for individuals seeking to successfully complete their parole and reintegrate into society.
Consequences of Parole Violation
Violating the terms of parole can lead to a range of consequences that can significantly impact a parolee’s life and legal status. Understanding these potential outcomes is crucial for individuals on parole and their legal representation. Here are some of the consequences of parole violation:
Potential Arrest and Detention
When a parole violation occurs, law enforcement authorities have the power to arrest the parolee. This can happen if a parole officer or another authorized individual has probable cause that the parolee committed a violation or that the parolee was involved in a new criminal offense. Once arrested, the parolee may be held in custody pending further legal proceedings. The length of detention can vary depending on the circumstances and the specific violation.
Parole Revocation Hearings
Upon arrest or notification of a parole violation, a parolee is entitled to a parole revocation hearing. This hearing is conducted to determine whether the parolee did indeed violate the terms of their parole. Aside from the arguments from the parolee’s side on why their parole should not be revoked, the NYS Department of Corrections and Community Supervision would also present evidence and arguments as the prosecution during the hearing. The parole board or a hearing officer then assesses the evidence and makes a decision regarding parole revocation.
Penalties for Parole Violation
If a parole violation is established, the parolee may face various penalties. These penalties can vary depending on the severity of the violation and the parolee’s history. Some common penalties include:
- Fines and Monetary Sanctions: Parole boards or courts may impose fines or monetary sanctions as a consequence of parole violation. The amount of the fine can vary based on the violation and jurisdiction, and failure to pay the fine can lead to further legal consequences.
- Extended Parole Period: As a result of the violation, the parole period may be extended. The parolee may be required to serve additional time under supervision to make up for the violation. This extension aims to ensure the parolee has sufficient time to fulfill their obligations and demonstrate compliance.
- Reinstatement of Original Sentence: In more severe cases, parole revocation can lead to the reinstatement of the original sentence. This means that the individual may be returned to prison to serve the remaining portion of their initial sentence, which had been previously suspended or reduced due to parole.
- Additional Conditions Imposed: Following a parole violation, the parole board or court may impose additional conditions on the parolee. These conditions can include stricter supervision, mandatory counseling or treatment programs, or community service. The goal is to address the issues that led to the violation and promote successful reintegration.
If a “Probable Cause” finding is made, the parole violation will progress to the Final Hearing stage. On the other hand, if a “No Probable Cause” finding is made, the Parole Hearing Officer (PHO) will order the lifting of the warrant, and the parolee will be reinstated to supervision.
If parole revocation is decided against the parolee, they have the right to appeal the decision. The appeals process allows for a review of the revocation decision by a higher court or appellate body. The parolee’s attorney can help file the necessary paperwork, present legal arguments, and advocate for the reversal or modification of the revocation decision.
Less is More Parole Reforms
Significant changes have been made to the parole revocation process under the Less is More reform. One of the key reforms is the establishment of the right to counsel at every stage of the parole revocation process, ensuring individuals on parole have legal representation to protect their rights. Understanding these rights and procedures is essential for individuals on parole and their legal representation. Here are the key aspects of legal rights and procedures in parole revocation cases:
Under the Less is More (LIM) parole reforms, individuals accused of a parole violation are entitled to a preliminary hearing. For those who are detained, these hearings must take place within 5 days of their arrest on the parole warrant. Non-detained individuals should have their preliminary hearings within 10 days of their release on recognizance or when the notice of violation was issued.
If probable cause is established during the preliminary hearing, the individual proceeds to a final hearing. According to the LIM reforms, detained individuals should have their final hearings within 30 days of the finding of sufficient proof at the preliminary hearing. For non-detained individuals, the final hearings must be conducted within 45 days.
A notable aspect of the LIM reforms is the requirement for these hearings to be held in the community rather than within jails. This change aims to foster a more conducive and fair environment for parole revocation proceedings, emphasizing the importance of community involvement in the decision-making process.
Limits on Incarceration
Under the Less is More parole reforms in New York, there are specific limits on periods of incarceration for technical violations. Reincarceration is not allowed for certain technical violations, including curfew violation, alcohol/substance use (unless it involves driving under the influence), failure to notify the parole officer of a change in employment status, failure to pay surcharges and fees, and obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited by the person’s conviction. Failure to notify the parole officer of police contact, unless intended to conceal illegal behavior, is also not eligible for reincarceration.
For all other technical violations, the periods of reincarceration are as follows: 0 days for the first and second violations, 7 days for the third violation, 15 days for the fourth violation, and 30 days for the fifth violation or subsequent violations.
Regarding absconding, which refers to intentionally avoiding supervision by failing to maintain contact with the assigned parole office and not notifying the parole officer of a change in residence, resulting in the parole officer’s unsuccessful attempts to re-engage, the periods of reincarceration are as follows: 7 days for the first violation, 15 days for the second violation, and 30 days for the third violation.
These reforms aim to establish more proportionate and rehabilitative responses to technical violations within the parole system. By setting clear limits on periods of reincarceration, the reforms promote a fairer and more effective approach to parole supervision.
Understanding the legal rights and procedures involved in parole revocation cases empowers parolees to protect their interests and seek a fair outcome. Engaging the services of a skilled attorney is essential to navigate these processes effectively, ensure the parolee’s rights are upheld, and present a robust defense against the allegations of parole violation.
Defenses and Mitigating Factors
When facing parole violation allegations, it is crucial to explore potential defenses and present mitigating factors to the court. A strong defense strategy can help minimize the consequences of parole violations and advocate for a fair outcome. Some valid defenses include:
- Innocence: If the parolee believes they have been wrongly accused of violating parole conditions, asserting their innocence is a valid defense. This defense involves providing evidence, alibis, or witness testimony to refute the allegations and demonstrate that no violation occurred.
- Lack of Intent or Knowledge: In some cases, parole violations may result from misunderstandings or lack of knowledge about specific conditions. Showing that the violation was unintentional or a result of confusion can be a defense. Providing evidence such as communication records, emails, or witness statements to support this defense can be helpful.
- Compliance with Parole Conditions: Demonstrating a consistent history of compliance with parole conditions can be a strong defense. Gathering evidence, such as documented proof of attending required programs, regular reporting, or testimonials from employers or community members, can support this defense.
In addition, the court may also consider these mitigating factors:
- Positive Progress and Rehabilitation: Presenting evidence of positive progress, such as completion of educational programs, successful employment, or involvement in community service, can help mitigate the perception of parole violation. This demonstrates the parolee’s commitment to rehabilitation and positive changes in their life.
- Compliance with Some Conditions: Even if a parolee has violated certain conditions, demonstrating compliance with other aspects of their parole can be a mitigating factor. Providing evidence of adherence to drug testing, employment requirements, or maintaining a stable residence can showcase the parolee’s overall effort to abide by the terms of their parole.
- Personal or Medical Circumstances: Explaining any extenuating personal or medical circumstances that may have contributed to the violation can be a mitigating factor. This could include serious illness, family emergencies, or mental health challenges that impacted the parolee’s ability to comply fully.
In parole violation cases, understanding the available defenses and presenting mitigating factors can significantly impact the outcome. Valid defenses, such as innocence or lack of intent, can challenge the allegations while demonstrating compliance with parole conditions can help mitigate the perception of violation. Additionally, presenting mitigating factors, including positive progress, adherence to some conditions, or personal circumstances, can influence the court’s decision.
Seeking the assistance of an experienced parole violation attorney is crucial in navigating these complexities. They can provide invaluable guidance, conduct a thorough case evaluation, and build a strong defense strategy tailored to the specific circumstances. With the support of a skilled attorney, parolees can protect their rights, present a compelling case, and strive for a favorable outcome in parole violation proceedings.
Importance of Hiring an Experienced Parole Violation Attorney
Navigating parole violation proceedings can be complex, and having the guidance of an experienced parole violation attorney is essential. An attorney who specializes in parole law can assess the case, advise on available defenses, and provide invaluable expertise throughout the process.
Consultation and Case Evaluation
Engaging an attorney begins with a consultation and case evaluation. During this initial phase, the attorney will review the details of the alleged parole violation, gather relevant information, and discuss potential defense strategies. This consultation helps establish a clear understanding of the case and allows the attorney to provide guidance based on their expertise.
Building a Strong Defense Strategy
Once retained, the attorney will work closely with the parolee to build a robust defense strategy. This involves analyzing the evidence, conducting a further investigation if necessary, identifying applicable defenses, and preparing a persuasive case. The attorney will advocate for the parolee’s rights, challenge the prosecution’s evidence, and present strong arguments in support of a favorable outcome.
Navigating the consequences of violating parole for the first time can be a daunting and complex process. Understanding the potential outcomes and legal procedures is essential to protect your rights and secure the best possible outcome. This is why seeking the guidance of an experienced parole violation attorney is crucial.
If you or someone you know is facing allegations of parole violation, do not hesitate to consult with a knowledgeable parole violation attorney. They will provide quality advice, assess the details of your case, and develop a strong defense strategy tailored to your specific situation.
Remember, parole violation cases are serious matters with potential long-term consequences. Taking the proactive step of obtaining legal counsel is essential to protect your rights and future.
At The Law Offices of Jason Bassett, experienced Long Island criminal defense attorney Jason Bassett has provided skilled legal defense to parolees who have been alleged to violate the terms of their parole. Led by attorney Bassett, our team can conduct a thorough investigation of your case and help you navigate the legal proceedings with confidence, ensuring your rights are upheld, and increasing your chances of a favorable resolution. To learn more about how we can help you, contact us today at (631) 259-6060 to schedule a consultation.