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Defendant Seeks to Annual Special Condition of His Parole

A New York Sex Crimes Lawyer said a man and a woman bring a special proceeding to the court requesting to show cause and seeks to annul the special condition on the man’s’ parole from the State Division that prohibits him from living with his wife and limiting the amount of hours that he can spend with his wife.

The man was arrested for repeatedly kicking and punching an individual in the face and body together with the un-apprehended individual in a bar. The incident caused serious injuries to the victim, including two large gashes on the victim’s head. The man eventually pled guilty to assault in the second degree. The man was sentenced to two and one-half years in prison and two years of post-release supervision.

Consequently, the man appeared before the State Division. The State Division noted that the man was arrested on several occasions in another country, including two arrests for domestic violence. The man admitted to the State Division with the reason of grabbing his then girlfriend and pushing the girl into a shallow end of a pool just a few months ago. A New York Sex Crimes Lawyer said the man was convicted on charges that stemmed from both arrests. The State Division also noted that the man is a violent individual and will need to be strictly monitored upon release but recommended that he be released to parole supervision.

The man was released from the correctional facility but was transferred to prison to serve his three month term for an outstanding parole violation related to one of the domestic violence arrests. Consequently, the man finished the term, moved to his house and began serving his parole. One of the special conditions is that he should be prevented from residing with any partner without prior written permission of the parole officer. The said condition prevented the man from staying with his wife overnight. However, he was free to visit his wife during the day until about 7:30 p.m.

During the parole period, the man’s wife underwent surgical breast cancer treatment. According to her doctor, the surgery would be painful and would cause significant physical limitations. The man and her wife then initiated an action seeking a temporary stay of the special condition due to the wife’s surgery. A Nassau County Sex Crime Lawyer said the stay was granted and extended. Consequently, a trial was conducted to determine if the stay was still warranted. After the hearing, the stay was lifted because the wife though sick, did not require the kind of intensive care that the man initially alleged. The couple’s claim was also dismissed.

The couple argues that it is subjective, unpredictable and an abuse of judgment to prevent the man from living with his wife. The couple further argues that the special condition is not rationally related to his conviction and an unlawful burden on their marital relationship. The respondents argue that the State Division has broad responsibility with regard to conditions on parolees and that the condition is rationally related to the man’s violent criminal history.

Based on records, the special condition does not impose a complete obstruction on the complainant’s married life. The man is free to spend time with his wife every day for most of the day. The cases that the couple cited in support of their petition involve special conditions that are either vague or extremely restrictive and irrelevant. A Queens Sex Crimes Lawyer said the special condition is not ironclad and the State Division has admitted that it will automatically review the special condition after one year of its imposition and, under the right situation, could review the special condition prior to that time. The court decided that the petition is denied and the proceeding is dismissed.

It is very difficult for an individual to abide some rules particularly when a family member or a love one is in need of their love, care and support. If you are burdened by these kinds of situations and you want legal assistance regarding other person’s violent behavior, ask a NY Domestic Violence Lawyer. If a criminal case came unexpectedly, the NY Criminal Lawyers at Stephen Bilkis & Associates are always ready to provide you appropriate choice of legal actions.

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