If someone is charged for a misdimeanor crime while on parole and is violated will he/she definitely serve time or are there other alternatives?

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If someone is charged for a misdimeanor crime while on parole and is violated will he/she definitely serve time or are there other alternatives?

What are the possible outcomes of a violation of parole? If the person being accused has proof that they were not at the scene of the crime what happens then will the judge listen to the other side of the story… a friend of mine was charged with 3rd degree assault but did not do it but there are people who made a report that he did…although he was home with his mother at the time…so how can they take one persons word over another can anyone who gets angry at someone just accuse them of something and they have to serve time for that…that doesn’t seem fair.

Asked on May 29, 2009 under Criminal Law, New York

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 12 years ago | Contributor

There are multiple possible alternatives.  There will be a hearing but even an arrest can be enough to trigger incarceration pending a parole violation and a parole hold is non bailable.  There are civil causes of action (suing for money damages) and crimes that apply to wrongful prosecution so no, people can't just going around falsely accusing.  Your friend's parole may be continued even if he is convicted or takes a plea to a lesser offense (harassment or disorderly conduct); it depends on how seriously the judge interprets his conduct to be.


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