Costs of Incarceration Is High

When a person is on parole, it means that he or she has been freed  from prison and is being allowed to serve out the rest of his or her sentence outside of prison, as a normal  member of society.  There are several situations where a person may be sentenced to parole, but the big picture comes down to money.  There is  not enough space in our prison to monitor criminal violators   That’s why first time and nonviolent offenders, as well as certain low to mid-level offenders who have already served big  portions of a prison sentence , may be sentenced to parole.

Out of Prison but Not Really Free

While granted  more freedom than the person would have had in prison, the person is not  free in that the state will maintain strict conditions that must be met in order for the person to remain out of prison.  Violation of these conditions can get the person sent right back to prison and facing a whole new set of charges.  There are several conditions that apply to just about every person person paroled in New York state , but the court has the right to set additional conditions, depending on the type of crime which the person was found guilty of.  For example, a drug violator may be ordered not to have contact with persons known to the person to use drugs, while a person convicted of computer crimes may be ordered not to use a computer.  In New York, each person released on parole is assigned a parole officer responsible for supervising the parolee.  If that officer receives information and has evidence that a person may have violated the terms of his or her parole, the officer can request the issuance of a parole violation warrant, and the parolee becomes a wanted person.

Accused of a Parole Violation

Following an arrest for a parole violation, the parolee will l feel scared and confused.  An arresting officer may or may not be able to offer further details surrounding the reason for the warrant, and the parolee may not know exactly why the warrant was issued until after being processed and speaking with an assigned parole officer.  Parolees arrested for violating the terms of their parole are urged not to make any comments to law enforcement until sound legal counsel has been obtained.
Once a warrant of any type has been issued in New York, there is nothing  that the subject of that warrant can say or do that would convince a New York law enforcement officer to let the person go.  Upon being informed by police that a warrant is active, the subject of that warrant should comply with all orders and should never argue with officers, as this will only fuel a prosecutorial fire.  Compliance does not include answering questions – a person can comply with orders without saying a word, which is what anyone arrested for a parole violation in New York should do.

As soon as the person is able to get a phone call, they should contact an experienced criminal defense lawyer who can advise them hoe to proceed.
J. John Sebastian, Attorney and Counsellor at Law
Former Assistant District Attorney