Legal Question in Criminal Law in New York

My fianc� has been on parole since 2006. He had a parole violation in 2009. Was sent to 90 day program and 6 mos outpatient drug and alcohol treatment center just to satisfy the orders of the parole...He's due to be off parole in 8-2011. He was just violated again for police contact for DWI. Plead guilty to DWI has to pay fines and the machine has to be placed in vehicle. He's in county since being violated, waived initial parole hearing in early Jan so that DWI case would be settled. Just had final parole hearing which the parole officer explained to me that they are recommending 90 day in patient program did not feel jail time will help him. At hearing they came to table with offer of 24 month inpatient program. Yes he pleaded guilty to the.DWI charge misdemeanor but never once dirty urine in his whole case of parole. Had a Job. No other issues. My question is why would they recommend a program more than his max out date of parole? They postponed hearing for another month to get this settled. What can be done to get him revoked and restored? Punishment seems severe for actions.


Asked on 1/27/11, 10:05 pm

1 Answer from Attorneys
peter bark bark & karpf

He pled guilty to the DWI so they hold all the cards. Find out what his new max date is and if it's still August, he should take the time since he doesn't need treatment.

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Answered on 2/08/11, 6:48 pm


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