First, just because an individual is arrested while on parole does not guarantee the Senior Parole Officer will violate him or her. The Parole Officer must do a thorough investigation, including, speaking to witnesses–police officer, store security, a complaining witness—and based upon that, make a determination as to whether there is enough evidence to sustain a charge.
In the scenario described above, there are three potential “technical charges” the individual can be violated for: (1) breaking the law; (2) staying out past curfew; and (3) and possibly not reporting police contact to his or her Parole Officer
Cases are conferenced between the Parole Officer and the Senior Parole Officer and it is determined whether it is necessary to issue a warrant because either the individuals is a danger to the community, himself, or he is in violation of his parole conditions.
Criminal Lawyers in Buffalo New York should remember that alternatives to incarceration may be considered later in the process, however, at this point the individual is taken into custody, generally, all other alternatives should have been exhausted and sanctions should have been imposed.
Criminal attorneys in buffalo ny must know that if the Senior Parole Officer decides to issue the warrant, the parolee is taken into custody, and held in jail. As noted elsewhere, a preliminary hearing must occur within 15 days from which the warrant is lodged, and If the parolee waives the preliminary hearing, he or she must have a final hearing within 8 business days of the lodge of the warrant.