Legal Question in Criminal Law in New York

violation of parole

person on parole had contact with his biological son with permission and supervision of the adoptive parents.

Person on parole was told no contact with any of his children d/t a statutory rape charge (one time offender over 9 years ago) with the mother of his twins. He has never abused the son he seen supervised and the legal parents promote the relationship between father and son. He was arrested for violating the special conditions. Can and how do the adoptive parents of his son appeal to the parole board hearing on his and his son';s behalf? He has complied with all but this one condition b--name removed--the child cried to see him.


Asked on 8/07/07, 10:42 am

2 Answers from Attorneys

Thomas Reilly Learned, Reilly & Learned

Re: violation of parole

To be blunt he violated parole and should have discussed this with parole officer to see if condition should be modified. He should ask for hearing on the violation and bring witnesses about supervised visitaton so hearing officer can take that under consideration.

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Answered on 8/07/07, 11:22 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: violation of parole

The parents should write to Parole and to the District attorney's office that convicted him and the judge that sentenced him to begin with. The child should communicate with them too. A letter from the DA and the Judge will go far with the parole board.

Good Luck.

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Answered on 8/08/07, 12:45 am


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