If you previously served a prison sentence in New York and received a release conditional on parole, you must abide by those terms. Failure to do so can result in revocation.
Notice of Violation
If your supervising parole officer reports that you have violated your parole and/or have conducted criminal activity while on parole, he or she may arrange to have an arrest warrant issued. If arrested, you will not be eligible for bail. You will receive a Notice of Violation within three days of the warrant issue date, which describes your charges, next steps and responsibility to attend the preliminary hearing the court will hold within 15 days. If you waive the preliminary hearing, you must attend the final hearing the court will hold within 90 days.
Preliminary hearing
At this session, you may either plead guilty or not guilty to the charges listed in your Notice of Violation. Law enforcement must present evidence to support probable cause to revoke parole and/or charge you with a new misdemeanor or felony offense. If the judge determines that probable cause exists, he or she will schedule the final hearing.
Do you have a question about a criminal matter or a parole issue in New York?
Final hearing
You have the right to have attorney representation at this revocation hearing, at which either a parole board member or administrative law judge will preside. The parole revocation specialist, who represents law enforcement, may examine witnesses and present other evidence to support the case for revocation. You and your attorney may present evidence to support your case.
The presiding individual will decide based on evidence whether to revoke your parole or release you back into the program. If you receive a revocation decision, you may file an appeal between the 30th and 120th day after the final hearing decision. If the judge orders you to complete your sentence, you may be eligible for parole again after serving a mandatory percentage of time.
You should call Mike Horn, Esq at 718-777-7717 to find out more about the New York parole requirements and consequences for breaking the regulations of parole.
