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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.

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Attorney answers 3


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?

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We haven't spoken to his lawyer as pf yet but we left her a message bc he wasn't due in court until next week and they brought him there last minute and she was never notified


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.



Ty for the advice.. do you know how long it takes parole for the trial or is there a time limit for them to pursue it.


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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