“I live in Ontario County, New York but my boyfriend is currently at Erie County Correctional Facility in Buffalo and was facing burglary charges. He was eventually found innocent but also guilty of criminal possession of stolen property. He served 17 months for criminal possession, but because he’s on parole, he can’t be released until a final hearing occurs? I was told he needs to get taken off the K calendar. What’s the K calendar and why hasn’t he been released???”

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When a person is accused of violating parole and also faces related felony charges, in New York State, the accused or her attorney may choose to postpone her parole violation hearing until the pending felony has been adjudicated.  This is done through the K-Calendar: a procedure which enables the defendant to have evidentiary suppression issues resolved in criminal court, which cannot be heard at the parole violation hearing, to be resolved prior to scheduling the case on the parole hearing calendar.

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In this case, there is clearly no reason for your boyfriend to still be on the K calendar. He should request his parole violating hearing as soon as possible and get back on the parole calendar.

If you or a loved one faces a similar situation, contact a Criminal Defense Attorney in Buffalo, Ny or a Criminal Defense Attorney in Ontario County today.

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