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December 3, 2009

New York Parole Violation – Post Release Supervision

By Michael H. Joseph

In New York, where a criminal charge for a felony results in a plea of guilty with a indeterminate sentence there is a required sentence of post release supervision (PRS). Many people who took plea bargains, were not advised of this and then served jail time for violation of the post release supervision, in addition to their original sentence. If you are charged with violating the terms of post release supervision, your New York Criminal Defense lawyer can make a motion to vacate the PRS part of the sentence.

The New York Court of Appeals recently decided that if a sentencing judge did not pronounce the sentence of post release supervision as part of the sentence, the New York State Department of Corrections cannot administratively impose it. In many of these cases,the Department of Corrections added the sentence, even though it was not pronounced as part of the original sentence.

Therefore a lawyer for the accused can make a motion to have the PRS vacated.

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