Parole Hearings Lawyer

What Happens At A Parole Hearing

There are two types of hearing officers: (a) the Preliminary Hearing Officer; and (b) the Final Hearing Officer or ALJ.

A Preliminary Hearing Officer is authorized by the Board of Parole to conduct Preliminary Hearings. The Preliminary Hearing Officer has the power to adjourn or postpone the hearing and all the powers necessary to insure the efficient conduct of the hearing. He or she can also decide whether to grant any request you may make for counsel. It is his or her duty to determine whether or not upon the proof submitted at the hearing, probable cause exists to believe that you have violated a condition or conditions of your release in an important respect. The Preliminary Hearing Officer may hear any of the charges against you. He or she must hear those charges one at a time, and may conclude the Preliminary Hearing at any time after he or she finds probable cause that you have violated a condition or conditions of your release in an important respect. After hearing the charges at a Preliminary Hearing, should the Preliminary Hearing Officer find that probable cause has not been proven, he or she must dismiss the warrant against you and you will be promptly returned to supervision.

The Final Hearing Officers (Administrative Law Judges) are appointed by the Chairwoman of the Board of Parole. The ALJ conducts the Final Hearing and has the powers necessary to accomplish this function, including the power to adjourn the proceeding. They determine, on the basis of the evidence presented at the Final Hearing, whether any or all of the charges of violation have been sustained by a preponderance of the evidence. When one or more of the charges are sustained and are found to represent a violation of the conditions of your release in an important respect, the ALJ will either render the final decision, or in certain circumstances, make a recommendation to the Board of Parole whose members would then make the ultimate revocation decision.

If you are in need of a parole hearing lawyer, contact The Law Offices of Michael S.Discioarro,LLC and let us represent you, call 917-519-8417.