Under the “merit time” provision, early release consideration may be granted to inmates meeting certain criteria. Inmates meeting these criteria for early release consideration are eligible for a Parole Board interview. It is critical to speak with a criminal lawyer buffalo ny for more information and to determine if you qualify.
If you are serving an indeterminate sentence in New York and meet the criteria below, you could qualify for a Merit Time allowance equal to one-sixth of your minimum term. This allowance is then applied to your minimum term to determine when you would be eligible for early release.
For example, if you were serving an indeterminate sentence with a minimum term of six years, your Merit Time allowance would equal one year. When this allowance is applied to your minimum term, you would be eligible for early release by the Parole Board after serving five years.
To qualify for this allowance, you must be sentenced to an indeterminate term with a minimum of more than one year
If your crime of conviction does not fall within any of the above categories, to qualify for Merit Time, you must also have successfully participated in a work or treatment program assigned pursuant to Correction Law and have accomplished the conditions laid out in New York‘s Correction Law, including, earned a GED, acquired an ASAT certificate, earned a vocational trade certificate after six months of vocational programming, or performed 400 hours of community service on a work crew.
Criminal lawyers buffalo ny must keep in mind that merit time may be withheld if a serious infraction is committed during the period of incarceration.