Long Island Probation & Parole Violation Lawyers
Understanding New York's Parole Violation Laws
A violation of probation occurs when a parolee does not adhere to the conditions of their probation conditions. An assigned probation officer will enforce the terms and conditions of the case. If a violation of probation occurs, the judge will be notified and a resentencing hearing will be scheduled to re-evaluate a parolee's penalties.
Once an individual has been arrested for violation of parole, he or she cannot, under any circumstances, be released from jail until the allegations are determined at a hearing. Unfortunately, by law, the Division of Parole does not have to conduct a hearing for up to 90 days. Unless the Division withdraws the charge, the person will remain in jail for at least 90 days, even if they win the hearing. Many important decisions must be made immediately after being arrested for a parole violation; as such, it is important to immediately hire a smart, experienced, and aggressive criminal defense attorney to help you make these decisions and protect your future.
What is Post Release Supervision in New York?
After serving a sentence in New York State prison, the individual will be released and, for a period of years set by the court, will be subject to a term of supervision. The period can range from 1 year to 5 years. This is known as the period of Post Release Supervision. The supervision is carried out by the New York State Division of Parole. The rules of conduct for a person on parole are very strict. Even minor offenses, such as staying out past a curfew, can be the basis for a parole violation.
What are Special Conditions of Probation?
In many cases, the court imposes special conditions of probation, such as:
- Participation in alcohol or drug counseling
- Paying restitution
- Performing community service
- Participating in anger management or sexual offender programs
Protect Your Future Today
Convincing a judge to not put you in jail once you have been arrested for violating your probation takes skill, experience, and familiarity with the styles and personalities of the local judge. If you have been charged with a violation of probation, you need the immediate help of an attorney from our firm. Waste no time in securing the aggressive legal defense of Laurence A. Silverman & Associates.
- We are Long Island criminal defense attorneys who have been aggressively defending clients for more than 100 combined years.
- Our lead attorney, Mr. Silverman, has appeared before all local judges to defend clients charged with probation violation and knows their personalities and individual standards. For parole violation cases, Attorney Lawrence Silverman is familiar with the current rules and regulations of the New York State Division of Parole.
- We are very familiar with Long Island drug treatment programs and, if you have been charged with violating special drug conditions of your probation, we can help you get screened and accepted into a program. In many cases, we may be able to convince the judge to give you another chance to succeed on probation.
- Our team is intimately familiar with the current rules and regulations of the New York State Division of Parole. As such, we can offer valuable advice regarding a parolee's decision to request a Preliminary Hearing. As experienced Suffolk County criminal defense lawyers, we know how to find and take advantage of weaknesses in your case.