Parole & Parole Revocation

  

    PAROLE REVOCATION is an area of law that is widely misunderstood by most people. Most parole revocation proceedings, even contested ones that reach a final parole revocation hearing end successfully for the Division of Parole because of relaxed rules of evidence and a lighter burden of proof. Accordingly, beyond the simple facts and merits of a parole revocation situation it is just as important to understand the implications of New York’s sentencing and time computation statutes (Article 70 of the Penal Law) and the parole revocation guidelines reported at 9 NYCRR 8005.20.

    However, the biggest mistake most alleged parole violators make is waiving their preliminary probable cause hearing. That hearing often presents the best opportunity to successfully challenge the Division of Parole’s case because the Division has only fifteen days or less to prepare and the Division’s case is usually presented by a Parole Officer, as opposed to an experienced prosecutor, who lacks specialized prosecutorial training and expertise to present the required evidence at the preliminary hearing.

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