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Court Decides Parole for Sex Offender

Petitioner is an inmate at a correctional facility at Franklin County. He filed the petition for a Writ of Habeas Corpus to question his imprisonment under the custody of the New York correctional services wherein the accused asserted the limitations and conditions set for his particular residence amounted to question his custody by the law enforcement agency and he further alleged that his period of assessment for his final parole had already expired that granted his release to a parole supervisor.

A New York Criminal Lawyer said in 1997, the inmate was sentenced for incarceration for a period of 7 to 14 years. Later in 2006, he was released under the parole supervision but was afterward revoked then again restored that placed him at a drug treatment campus. Then a year after, petitioner violated his community-based parole supervision, as such, he was returned to the custody of correctional services as a parole violator. He then again violated his most recent release under parole supervision in year 2008. He had several counts of violation of release and such report was served and given to him at a county jail where he was detained for new criminal charges.

A final parole hearing was conducted for the revocation of petitioner’s final parole wherein he pleaded guilty for the violation of the conditions set for his release under parole supervision, specifically, a crime for possession of marijuana found inside his room (drug possession). The defendant’s parole was revoked and was given a delinquent time assessment, which will expire after 16 months from the date of the revocation hearing. During the period of assessment, the felon had existing rape charges against him and was later on convicted for crimes of sexual misconduct and endangering the welfare of a child, as such, petitioner was declared as a “sex offender.”

A Westchester County Criminal Lawyer said the accused was placed again into custody by the correctional services in 2009 and his re-release under parole supervision was later on approved upon expiration of the delinquent time assessment with additional conditions imposed by the court upon the petitioner, which was that the latter could only live at a duly approved residence as determined by the parole division. Basing the decision of the court from a particular jurisprudence, to wit “the imposition of a special [parole] condition is discretionary in nature and ordinarily beyond judicial review as long as it is made in accordance with law and no positive statutory requirement is violated…” The Court held that, considering the existence of prior several violations of his parole made by the petitioner and being considered as a “sex criminal,” the additional conditions imposed upon him for his release under parole supervision is valid. The Supreme Court has discretionary powers to determine the terms required to limit the possibility of commission of future crimes by the offender while under parole release. Furthermore, the Court ruled that they had no authority to supersede the order made by the district court, which was considered done within the scope of authority granted to it. In addition, the Supreme Court also pointed out the petitioner’s multiple parole violations and conviction of a criminal offense of sex misdemeanors as rational basis for the imposition of the “suitable residence” condition being question in the petition.

The felon also stated that he was being held into custody by the correctional services department due to a mistaken identity where another accused individual is charged for incarceration. The Court determined that such claim by petitioner is not related whatsoever to his assertion that he was being held in custody without authority and nothing in the record reveal that such an error was committed by the parole officials.

Given the several matters considered, the petition for writ of habeas corpus filed by accused was dismissed by the Court.

Stephen Bilkis and Associates have criminal attorneys who are experienced and competent to handle various criminal charges or penal offenses to protect the interest of its client in ensuring that justice is served. If you are faced with a criminal case, whether it is regarding drug posession, theft or sex crimes, come and see our legal counsels to discuss such legal matters in relation to your case.

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