what happens went a person is taken back to jail for violation of parol only onwes 7 months 2 days
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what happens went a person is taken back to jail for violation of parol only onwes 7 months 2 days
Asked on April 27, 2009 under Criminal Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Well, see the following. You may get a longer sentence. Depends on the type of violation and probably the underlying conviction. Try www.attorneypages.com or your public defender to discuss options.
A. § 410.10 Specification of conditions of the sentence.
2. Commission of an additional offense, other than a traffic
infraction, after imposition of a sentence of probation or of
conditional discharge, and prior to expiration or termination of the
period of the sentence, constitutes a ground for revocation of such
sentence irrespective of whether such fact is specified as a condition
of the sentence.
B. § 410.20 Modification or enlargement of conditions.
1. The court may modify or enlarge the conditions of a sentence of
probation or of conditional discharge at any time prior to the
expiration or termination of the period of the sentence. Such action
may not, however, be taken unless the defendant is personally present,
except that the defendant need not be present if the modification
consists solely of the elimination or relaxation of one or more
conditions. Whenever the defendant has not been present, the court
shall notify the defendant in writing within twenty days of such
modification specifying the nature of the elimination or relaxation of
such condition or conditions and the effective date thereof. In any
such case the modification or enlargement may be specified in the same
manner as the conditions originally imposed and becomes part of the
sentence.
2. The procedure set forth in this section applies to the imposition
of an additional period of conditional discharge as authorized by
subdivision three of section 65.05 of the penal law.
C. * § 410.30 Declaration of delinquency.
If at any time during the period of a sentence of probation or of
conditional discharge the court has reasonable cause to believe that the
defendant has violated a condition of the sentence, it may declare the
defendant delinquent and file a written declaration of delinquency.
Upon such filing, the court must promptly take reasonable and
appropriate action to cause the defendant to appear before it for the
purpose of enabling the court to make a final determination with respect
to the alleged delinquency.
* NB Effective until November 1, 2009
* § 410.30 Declaration of delinquency.
If at any time during the period of a sentence of probation or of
conditional discharge the court has reasonable cause to believe that the
defendant has violated a condition of the sentence, it may declare the
defendant delinquent and file a written declaration of delinquency. When
the court receives a request for a declaration of delinquency by a
probation officer, it shall make a decision on such request within
seventy-two hours of its receipt of the request. Upon filing a written
declaration of delinquency, the court must promptly take reasonable and
appropriate action to cause the defendant to appear before it for the
purpose of enabling the court to make a final determination with respect
to the alleged delinquency in accordance with section 410.70 of this
article.
* NB Effective November 1, 2009
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.