“What is a Presumptive Release??”

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Under New York’s Correction Law, the Department of Correctional Services has the authority to grant presumptive where a party has served the prescribed term of his or her indeterminate sentence. Criminal lawyers buffalo ny should know the Board of Parole has the authority to establish the conditions of release.

If a person was convicted of any of the following crimes, he or she will not be eligible for presumptive release:

  • An A-1 felony offense;
  • A Penal Law Sec. 70.02 violent felony offense;
  • Manslaughter 2nd degree;
  • Vehicular manslaughter 1st and 2nd degree;
  • Criminal negligent homicide;
  • Penal Law Article 130 or 263 offenses; or
  • Incest.

If an ex-offender meets the criteria for presumptive release along with meeting the criteria for Merit Time, then it’s possible he or she may be entitled to release at the expiration of the five-sixths of your minimum term or aggregate minimum term.

It is very important to consult your criminal lawyer buffalo ny for more information.

 

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