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Old 10-03-2015, 08:28 AM
TLSAJC TLSAJC is offline
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Default My fiance was told by his parole officer to waive his parole hearing

So sorry but I'm new at this. I have a question if anyone could answer would be great. My fiance was told by his parole officer to waive his parole hearing..... I don't think that's a great ideal. Anyone with experience with this please let me know.
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Old 10-03-2015, 08:45 AM
CenTexLyn CenTexLyn is offline
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I cannot speak specifically to New York's process, but as a general rule, the ONLY person a waiver makes life easier for is the PO. They cannot make a promise as to what the entity with the power might do, and once waived, it is often damned near impossible to re-open the revocation decision.

Generally, the ONLY time it makes sense to waive a hearing (and even then, only upon guidance of competent counsel) is if the revocation has the effect of discharging the sentence.

Even when one can be shown to have violated the terms and conditions of release, the ONLY opportunity to be heard for mitigation purposes is AT a hearing. Remember also that an agency still has to meet minimal standards in order to sustain any alleged violation, but that threshold is greatly reduced in a waived proceeding precisely because there is nobody in front of a hearing officer to offer up objections.

Why are objections useful? I was involved with a hearing once where we actually almost managed to keep out the very conviction for a new felony that the person was in custody for...the agency had not provided certified copies of a sentence and judgment, and that is something they have a requirement to have done. Our objection was overruled but since the Board did not revoke, it was rendered a moot point.
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Old 10-03-2015, 06:40 PM
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patchouli patchouli is offline
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My Mr has waived his pv hearing in the past....that serves to end the dead time and starts the clock ticking on the shelf time. IMHO, to waiver or not to waive is an individual decision based on the circumstances of his/her situation.

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