Violating parole can come in many forms. However, the violation has to be significant enough for it to pass the Preliminary Hearing stage. Violators often get worried when they violate the terms and can make wrong decisions impulsively.

Working with a Long Island criminal lawyer is a great way to replace fear with the correct information. The process differs slightly from other criminal cases, and the laws governing it are also sophisticated. Read on to discover how to eliminate fear and confusion if you’re in such a position.

What Are My Rights as a Parole Violator?

If you violate the terms of your parole, the parole officer will confer the case with the supervisor and have a warrant issued. You will receive a Notice of Violation in three days, which describes your rights and the hearing process.

You will also receive a Violation of Release Report that lists your violation charges. If the case is lodged out of state, you should be served within five days of being available to the warrant. At this point, it is critical to contact a Long Island violation of parole defense attorney.

Parolees accused of violations have a choice of either waiving or having a Preliminary Hearing. If you choose to have the Preliminary Hearing, you might have to prepare early because it’s usually held within 15 days from the day the parole warrant was executed. But if you decide to waive your right to a Preliminary Hearing, the Final Hearing will be scheduled within 90 days of your waiver.

What Can I Expect From the Preliminary Hearing?

A Preliminary Hearing is usually conducted in a county jail where you were taken into custody or near the community where the alleged violation occurred. The purpose of this hearing is to determine whether there are significant reasons to believe that the parolee violated their terms of release.

After pleading “not guilty,” the DOCCS has to produce testimonies and evidence to support their accusations. The Preliminary Hearing Officer (PHO) will consequently decide whether there is a probable cause, and you will receive a copy of their verdict.

If they find no probable cause to revoke your parole, the hearing officer will ask for a lifting of the warrant and restore your supervision arrangement. But if probable cause is found, the case might proceed to the Final Hearing stage.

What Factors Can Hinder Preliminary Hearings from Happening?

Some parolees arrive at the Final Hearing through the Preliminary Hearing, while others proceed directly after a waiver. Also, parolees convicted of new misdemeanors proceed directly to the Final Hearing of their violation case. A Long Island violation of parole defense attorney can be beneficial for your final hearing.

But if you are convicted of a new felony, your parole will be automatically revoked through operation law – with no Preliminary or Final Hearing in New York State. The parolee will proceed to serve their sentence as a Parole Violator with a New Term (PVNT). But if they are sentenced to anything other than a new term of incarceration, then they can go on with the Final Hearing.

What Can I Expect from the Final Hearing?

The Final Hearing is usually conducted by a member of the Parole Board or the Administrative Law Judge (ALJ). They will be in charge of:

  • Administering oaths
  • Entertaining applications for an adjournment
  • Directing the presentation of evidence
  • Determining the charges that have been sustained based on the evidence presented

A Parole Revocation Specialist (PRS) usually examines witnesses testifying about the violation and presents evidence of the same. While a Long Island violation of parole defense attorney isn’t mandatory at the Preliminary Hearing stage, you will need one at the Final Hearing. They might present witnesses and evidence to mitigate or refute the charges.

If none of the charges are sustained, the charges might be dismissed and the warrant lifted. But if one or more of the charges are sustained, a delinquency date will be set. Remember, your attorney and the PRS of the Department get the opportunity to make recommendations on the final disposition, such as:

  • Restoration to supervision in the community
  • Revocation of release
  • Admission to the Willard DTC or other programs
  • A time assessment

These recommendations will be factored in the judge’s decision, and copies of the verdict will be availed to the parolee.

What are the Penalties for Violating Parole?

A judge may consider many other factors apart from your attorney’s recommendations and those from the PRS.

First, the judge will categorize you based on:

  • The nature of the current violation
  • Prior violations
  • The crime of conviction
  • The criminal history

Category 1 Violators

Category 1 violators can receive one of the following penalties:

  • 90-day alcohol and drug treatment of the DOCCS at the Willard Drug Treatment Center
  • Not less than 15 months of time assessment
  • 12 months of time assessment, if there are mitigating circumstances

Category 2 Violators

Category 2 violators get a different type of punishment, including:

  • Revocation and restoration to the diversion program at the Willard Drug Treatment Center
  • No revocation and restoration for people with less than 9 months left

Category 3 Violators

The time spent in custody for Category 3 violators determines further sentencing. But the usual sentencing is:

  • Time in custody plus six months for a new violent offense
  • Time in custody plus three months for a new non-violent crime

Persistent Violators

Category 2 and 3 violators with two prior violations receive up to 12 extra months.

Uncategorized Violators

The Board of Parole or the ALJ decides on the punishment for violators that don’t fall in any of the above categories.

Strong Representation from Long Island Top Criminal Lawyers

A parole violation can easily take you back to prison, but an experienced parole defense lawyer in LI can re-tell your story in the best possible way. Self-representation is often discouraged because of the complexity of the law regarding revocation.

An aggressive criminal defense attorney in Long Island can fight for your newfound freedom. And at Mirsky Law Firm, we possess 80 years of combined experience serving persons accused of a parole violation in Nassau County and Suffolk County.

If you need tenacious and excellent representation, contact us immediately and let us advise you accordingly. Call 516-299-6187 or 718-412-8322 to BOOK a free case evaluation today.