If you are convicted of criminal charges, then probation may be part of your sentence. Probation essentially allows defendants to remain part of the community and stay out of jail—as long as they follow certain conditions.
According to the Bureau of Justice Statistics, parole is similar to probation, but it is for individuals who have served at least some of their jail sentence already. In the simplest terms, parole is a conditional release from jail.
The most common parole conditions include meeting with a parole officer regularly, performing community service and refraining from using illegal drugs or drinking excessive amounts of alcohol. Depending on the circumstances, they might also include appearing in court and avoiding certain people or places.
If you are facing criminal charges or have violated your parole, turn to Darren DeUrso, Attorney at Law. Mr. DeUrso will develop a comprehensive defense and aggressively represent your interests. Call 914-772-8614 today to schedule a consultation with a White Plains parole violations attorney.
Read on to learn the answers to frequently asked questions about parole violations in New York:
Will I Go to Jail for Violating My Parole?
If you violate your parole, you will not automatically go to jail. There is no set punishment for handling parole violations, and the consequences depend on the circumstances surrounding your situation.
If you violate your parole, you will face a preliminary hearing, during which the Board of Parole will determine if a violation did in fact occur. According to the New York State Department of Corrections and Community Supervision, the Board of Parole consists of up to 19 board members whom the Governor appoints with the Senate’s consent. It is important to remember that in addition to facing consequences for violating parole, you may also face separate criminal charges for the violation if it involved a criminal act.
If the parole board determines that you did commit a violation, you will then attend a revocation hearing. During the revocation hearing, the parole board will decide on the penalties for your violation. USAttorneys reminds readers that in some cases, a parole violation can result in a reinstatement of the original sentence.
How Can I Defend Myself against an Alleged Parole Violation?
When the court accuses a parolee of committing a violation, the defendant has the right to present evidence that proves a violation did not occur. The parolee may also attempt to debunk any evidence that indicates the violation did occur.
In some cases, a parolee can argue that the violation was accidental or necessary. By using justification as a defense, the parolee may face lesser consequences or no administrative action at all.
If you have been accused of violating your parole, contact Darren DeUrso, Attorney at Law. Mr. DeUrso has been a criminal attorney for more than 25 years, and he understands what’s at stake for each and every one of his clients. Call 914-772-8614 to schedule a consultation with a White Plains parole violations attorney.