Legal Question in Criminal Law in New York

Shock Parole

My fiancee was recently violated but he hasn't received any of his violation papers yet. He's been in custody for 46 days and recently saw the judge but his case was adjourned until 12/23. Doesn't this constitute automatic dismissal? From what he was told he was supposed to have received his papers within 3 days and had a preliminary hearing within 15 days. None has happened. What is your advice? His charge is non violent-(auto stripping)


Asked on 12/03/03, 11:17 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Shock Parole

This is a difficult situation. While you are correct, a person has a right to be charged within a specific period of time after arrest, he may have given up that right (and many others) when he accepted parole.

Has he been assigned a legal aid lawyer? You can 'motivate' that lawyer to get him before a judge. This is something that you can do for him while he is in county jail. You can also give him a bag of quarters and the telephone number of legal aid (this is something many friends and family memebers do for their loved one while incarcerated.)

The best thing you may do for him is to hire a private attorney to force some action. There are a number of actions that an attorney can take to get this matter moving.

Please take note, auto stripping is not a small offense. It is considered a serious crime. A mere traffic violation, drunk and disorderly, or marijuana would likely lead to a more friendly disposition than this offense. Do not underestimate the seriousness with which the court will treat this offense. This is serious.

You are welcome to a consultation at my offices at 42 west 44th st, New York, NY for no fee. Please call for an appointment first, (646) 591-5786.

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Answered on 12/04/03, 4:43 pm


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