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My Husband is on parole and in jail. He had new criminal charges and the case was dismissed this past week by the Judge.

Syracuse, NY |

Because he is on parole and the new charges are considered a violation, how long can parole hold him for or will they still have a final hearing. He mentioned something about a k calendar and the case being removed. Does NYS parole have a time limit as far as giving him a hearing or how long he can be held considering the new charges were dismissed completely. Also is there a possibility event though the new charges were dismissed can he still face time behind bars. Thank you.

Attorney Answers 3

  1. Best answer

    Parole has a lower burden of proof so they can still proceed despite the dismissal unless the evidence was suppressed in the criminal case. Has he told his parole lawyer that his criminal case is over so he can be taken off the K calendar?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Yes he can still face time on the parole violation, and the burden of proof on the parole violation is less than on the criminal charge. The State can hold him and give him a hearing and if found to have violated, he can go back to prison. Make sure he is represented by an attorney.

  3. I am concurring with what my colleagues stated. Even if his criminal case is dismissed, parole can still violate him for the arrest. New York state will offer him a hearing to determine whether or not he violated parole. If he is deemed to have violated it, then he will probably end up back in prison.

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