Bronx Parole Violations Lawyer

In the State of New York, parole gives many people sentenced to prison terms a way to pay their debt to society while simultaneously getting their own lives back on track. While still under the supervision of the State, people are released back into the community to find work, obtain housing, and reconnect with family and friends.

Still, it is important to remember that being on parole does not mean that you are free to do whatever you want. Parolees must still check in with a parole officer and must not commit any new offenses. Failures to live up to these terms could result in the termination of parole and you being forced to serve the rest of your sentenced term in prison.

A Bronx parole violations lawyer could represent you in both preliminary and final parole revocation hearings. A knowledgeable criminal defense attorney could also help in other ways by advising you of your rights, gathering evidence to contest the prosecution’s allegations of parole violations, and argue your case in a clear and concise manner.

Examples of Parole Violations

While every person’s parole conditions are unique, some common characteristics appear across the board. First and foremost, parolees cannot commit any new offenses while out of prison. The mere accusation of a new criminal offense may trigger a parole violation hearing.

Other common parole terms include:

• Refraining from drug or alcohol use
• Respecting all restraining orders
• Maintaining a presence on a sex offender registry
• Maintaining a job

Any failure to adhere to any term of parole can result in a parole officer or police department filing an accusation of a violation, which could have a devastating effect upon a parolee’s future. A Bronx parole violations attorney could help interpret and explain the specific terms in a particular person’s parole agreement.

What to Expect at a Parole Violation Hearing

Courts in the State of New York separate parole violation hearings into two sessions, the first of which is the preliminary hearing. A parolee would not be arrested before this hearing unless they are accused of a new criminal offense.

At this initial hearing, a parole officer can present evidence to a parole board officer explaining why they believe the parolee in question violated the terms of their parole. The parolee also has the right to cross-examine witnesses and present evidence in their own defense.

If the hearing officer finds probable cause to believe a violation of any term occurred, the court would schedule a final hearing within 90 days of the preliminary hearing. This hearing is very similar to the preliminary hearing, and defendants have the same rights to cross-examination and presentation of exculpatory evidence.

If the parole examiner determines in this final hearing that a parolee violated their parole, the court may order the revocation of parole and send the defendant back to prison to serve their term. As an alternative, a parolee may argue for other alternative dispositions to avoid prison time. More information about parole hearings in New York can be found here or by speaking with a parole violations lawyer in The Bronx.

Collateral Consequences of a Parole Revocation

When parole is revoked in the Bronx, the immediate concern is often returning to prison. However, these revocation proceedings can impact you in other ways as well. Beyond the risk of returning to prison, you can also face a range of collateral consequences that can follow you for years to come. Some common examples include the following.

Employment Challenges

A revoked parole often results in the loss of your job, given that you are no longer free to work and earn a living. Even after you serve your sentence, having the parole violation on your record could make it even harder to find work.

Housing Instability

Public housing authorities and private landlords frequently deny applications from individuals with parole violations. For those already in housing, a violation may trigger eviction proceedings, leaving you with few adequate housing options.

Loss of Good-Time Credits

When parole is revoked, you may lose credit for time previously earned toward early release. This can extend the overall length of incarceration by months or even years.

Immigration Consequences

For non-citizens, a parole violation can carry immigration repercussions, including removal proceedings. Even technical violations may negatively influence immigration judges or federal agencies reviewing an individual’s status.

Future Parole Eligibility

A violation can also damage the possibility of future parole. Boards may treat past violations as evidence of risk, leading to stricter conditions or outright denial of future release applications. If you are charged with a crime again in the future, your past parole violation will only make it more difficult to get out of jail in the Bronx.

Social and Family Strain

Beyond legal consequences, revocation can disrupt your family life. Relationships with your children and other loved ones can be strained or permanently harmed if you are forced to return to custody.

The Burden of Proof in Bronx Parole Violation Cases

Parole violation hearings differ from criminal trials in a variety of ways. One of the most important differences to be aware of the lowered burden of proof. In order to revoke your parole, the state does not have to establish that you violated your terms beyond a reasonable doubt. Instead, they are held to a lower threshold that is easier to meet. The end result is that evidence not strong enough to convict you of a crime could be enough to revoke your parole.

In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. At a parole violation hearing, however, the standard is far lower. The parole officer or prosecutor only needs to establish the violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred. This makes it easier for the state to secure a finding of violation.

Hearsay evidence, which would often be inadmissible in a criminal trial, can be accepted in parole hearings. This looser evidentiary standard can create additional challenges for the defense, as allegations may be based on less reliable information.

Because the burden of proof is lower, even technical violations like missing an appointment or breaking curfew can result in serious consequences. Defendants may find themselves at a disadvantage if they do not have an attorney to challenge the state’s evidence or present mitigating factors.

Call and learn How a Bronx Parole Violations Attorney Could Help Preserve Newfound Freedom

Parole is a common way for people sentenced to prison terms to get reacquainted to society, but this limited freedom does not come without conditions. Parolees must follow the terms of their agreement to the letter, and any alleged violation can result in them returning to prison to serve the rest of their sentence.

However, a mere allegation cannot result in parole revocation. Parolees are entitled to a full hearing before the state can revoke their parole, during which they have the right to present evidence in their own defense.

A Bronx parole violations lawyer could help you prepare and present such a defense. This process could include gathering documents, interviewing witnesses, and cross-examining witnesses who may testify for the state. These hearings begin quickly after the notice of a violation is served, so contact an attorney immediately to ensure your rights are protected.