After a person is sentenced to post-release supervision, the Board of Parole is charged with establishing and imposing the condition. The accused then signs the document with the conditions listed which transforms the agreement into a legally binding obligation. If the accused violates any of the conditions of post-release supervision, he or she may be subject to an additional period of imprisonment of at least six months and up to the balance of the remaining period of the post-release supervision which cannot exceed five years.
Once a person is accused of violating a condition of post-release supervision, prior to any finding of guilt, the accused is entitled to a hearing and determination process under New York’s Executive Law 259-I. This process requires the Parole Board to provide sufficient evidence to establish, by the preponderance of the evidence standard, a condition of the post-supervision agreement was in fact violated. In response, the accused will have the opportunity to cross-examine witnesses, introduce evidence refuting the evidence or provide mitigating factors.
Ideally, Criminal Defense Attorneys should try to come to an agreement with the probation officer to avoid the violation. However, if the probation officer violates the accused and the case goes to a hearing, Criminal Lawyers must be prepared to argue for an appropriate alternative to revocation. Criminal Attorneys must pay particularly close attention to any false allegations. If at all possible, Defense Attorneys should anticipate the evidence that will be used against the accused and look for flaws.
Although going through the revocation process is not ideal, if a criminal case is also ongoing, a Criminal Lawyer can use the revocation hearing as an opportunity to confront the accuser in an informal setting without a lawyer present. This opportunity provides the Criminal Lawyer with the chance to measure the state’s case and come to a conclusion regarding the veracity of the testimony.
If you have a question, for more questions, contact Andrew Tabashneck attorney for a free consultation.