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Glenn W. Magnell Attorney at Law 162 Main Street, Goshen N.Y. 10924 845-294-0585 Email: gmagnell@stormkinglaw.com
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Hudson Valley Counties Served: (Select County) |
Parole Many inmates in the NYS Corrections system are eligible for parole before their full sentence has been served. Technically, inmates who are paroled are still in the "custody" of the NYS Department of Corrections. However, they are serving the remainder of their sentence outside of prison and under the supervision of the state. Parole is granted or denied following a "parole hearing". Initial parole hearings are typically held after an inmate has served the "minimum" part of an indeterminate sentence and at least every two years, thereafter. Parole hearings are conducted by a panel of three members of the NYS Board of Parole (BoP). Often they are conducted by video conference, sometimes they are conducted in person by the three member panel. Inmates are permitted to testify on their own behalf and present other evidence supporting their contention that they should be granted parole. The BoP will review the nature of the inmate's offense and other information contained in the inmate's Dept. of Corrections record. Particular attention and emphasis will be paid to the inmate's disciplinary record (while they have been incarcerated) and to the whether or not the crime which they are serving time for was violent or not and whether they are repeat offenders. Testimony of victims can also be taken and can influence the BoP's decision to grant or deny parole. Inmates do not have a right to, or the option of, being represented by a lawyer at a parole hearing. In fact, there is no "right ot parole", Whether or not an inmate is granted parole is at the "discretion" of the Board of Parole panel hearing each individual application for parole. However, an attorney familiar with the process and procedures of the Board of Parole can help an inmate prepared for their hearing and assist in assembling supporting materials.
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