New York’s parole program allows certain individuals to serve part of their sentence outside of prison under strict supervision. However, as this is conditional freedom, there are a number of terms and conditions that those granted parole must adhere to. Prisoners granted parole are referred to as parolees. Violating the conditions of your parole in New York can have serious consequences, including arrest, hearings, and potential reincarceration. If you have been accused of violating the terms of your parole, it’s in your best interest to enlist the help of our seasoned Nassau County Criminal Defense Attorneys, who can defend your rights and interests at your violation hearing. Please continue reading to learn the potential consequences of a parole violation in New York.
What Is Parole in New York?
Parole is a process in which a person incarcerated has been granted permission for an early conditional release, but still has time left on their sentence. In other words, parolees will continue to be supervised until they have completed their sentence. A paroled inmate must adhere to specific court-ordered rules in return for an early release from prison, as they are still technically under legal custody. The parole conditions in New York are strict and vary depending on each case.
Common Conditions of Parole Supervision
- Regularly meet with a designated parole offer
- Maintain employment and a residence
- Stay within a specific geographic area (travel restrictions)
- Attend drug or alcohol recovery programs
- Avoid criminal activity and contacting victims
What Is Considered a Parole Violation in New York?
Essentially, any time that a parolee fails to comply with the terms and conditions of their early release, it can constitute a violation. However, violations can range from broken rules on a technicality to the commission of a new criminal offense.
Types of Parole Violations
- Technical Violations
- Missing curfew
- Failing to check in with your parole officer when required
- Failing drug or alcohol tests
- Failing to report changes in employment or residence
- New Criminal Offense
- Being placed under arrest or charged with a new crime
- Possessing weapons or illicit substances
- Exhibiting violent or threatening behaviors
What Happens After You’re Accused of Violating Parole?
If your parole officer has reason to believe you’ve violated your parole, they are required to report the matter. As such, the process will move quickly, as it can involve being held in custody and a hearing to discuss your conduct while on parole.
Immediate Consequences of an Alleged Violation
- A parole officer can issue a warrant for your arrest
- You may be taken into custody and held without bail
- You may be held in your local or state facility while awaiting the hearings
The Parole Violation Hearing Process
- The parole board may hold a preliminary hearing to determine if probable cause exists
- A final revocation hearing will determine whether or not the violation occurred
- You have the right to be represented by an attorney during these hearings
- Evidence may be presented
- A parole hearing officer will recommend whether parole should be revoked
It’s important to understand that, in parole violation hearings, the burden of proof is much lower than in standard criminal trials. Additionally, this process is separate from the criminal process. As such, if you’re facing a parole violation for allegedly committing a new criminal offense in New York, the criminal court will not be involved in determining whether or not your parole should be revoked.
What Are the Possible Penalties for a Parole Violation?
In the event the parole board has determined that you have violated the terms and conditions of your supervised release, you will face consequences. However, the penalties you will face depend on the severity of the violation, your prior criminal history, your past parole compliance, and whether or not a new criminal offense was involved.
Potential Outcomes
- A formal warning without additional custody time
- Increased supervision conditions (like more check-ins, additional counseling, tighter curfews)
- Short-term confinement
- A full revocation of your parole and return to prison
- Additional time was added before the eligibility for release
If a New Crime Is Involved
In the event you have been arrested and charged with a new crime while serving parole, it’s important to understand that your current parole may be revoked before your new case is even resolved. Additionally:
- You may face separate criminal charges for the new offense you are accused of
- Sentences for the new offense you are charged with may run consecutively to your original sentence
If your parole is revoked and you are ordered to return to prison, you will serve the remainder of your sentence. For example, if you were in prison for ten years, but you were released on parole after five years, and you were out for one full year before your parole was revoked, you would serve the remaining four years on your sentence.
How Parole Violation Cases are Handled in New York
When you are accused of violating your parole on Long Island or anywhere across New York state, you’ll find that you will endure both the legal and administrative processes through the New York correctional system.
Typically, decisions regarding parole violations are handled through the New York State Department of Corrections and Community Supervision (DOCCS) as well as the Board of Parole. As such, the criminal courts do not handle these violations. However, if you are accused of committing a new crime on parole, that charge will be handled through the New York criminal court system.
Contact an Experienced Long Island Criminal Defense Attorney
If you are accused of violating the terms and conditions of your parole, the team at KCS Law is ready to represent you. We understand how complicated these matters can be to navigate, which is why we will do everything possible to help you fight for the best possible outcome. Contact our team today to learn how we can assist you through these difficult matters.
