Legal Question in Criminal Law in New York

My neice has had contact with her children (calls three times a week, letters) since she was incarcerated in 2007. Starting in April of 2009 we would take the children to see their mom @Ticonic Corr. Fac. once a month for visits. She was released July 23, 2010 and parole told her that she CANNOT have any contact with them for a year. They said that they do not care if she even has a judges court order granting visitation (which she does). Parole said they will violate her and send her back. We are her aunt and uncle and have the care of her two boys, parole says they will violate her if she has contact with us, even if the boys are not with us at the time. Does parole have the power to over ride a court order?


Asked on 7/24/10, 12:55 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

A family court visitation order does not override an order from the agency responsible for her during an early release from prison. Parole has the absolute right to set the rules and if your niece does not follow them to the letter, she will be back in prison faster than you can blink.

Joel R. Salinger

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Answered on 7/24/10, 8:54 pm


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