In post-conviction matters, I have successfully represented numerous individuals in parole revocation litigation.
During my career, I have seen many people on parole, who earned their freedom from incarceration, which includes the right to make a better life, have this most precious hope and dream unjustly denied and delayed, by reincarceration for a technical, minor or other parole violation charge and determination.
I have represented hundreds of individuals in parole litigation matters and successfully litigated many cases resulting in parole violations being withdrawn or dismissed, allowing my clients to be free on supervision and go on to live a fulfilling life.
New York continues to imprison more people than any other state for noncriminal “technical violations” of parole rules, including missing an appointment with a parole officer, being late for curfew, or testing positive for alcohol, marijuana, or other drugs. The entire process is marked by systemic inequity and a great injustice is done by disproportionately re-incarcerating people for technical and minor violations.
Recently, the Less is More Act, which went into effect in 2022, is widely considered the single most significant parole reform in the country. The Act is a transformative parole reform legislation that restricts the use of incarceration for noncriminal technical parole violations, bolsters due process for people accused of parole violations, requires parole revocation hearings take place faster within a specified time, establishes increased standards of proof at each stage of the violation process, a guaranteed right to counsel, eliminates automatic pretrial detention for certain technical and non-technical violations and provides earned-time credits for parole.
The underlying inequitable and unjust conditions creating mass incarceration and re-incarceration have not gone away. But I believe that the Less is More Act is a significant first step on the path towards greater understanding, humanity and justice for individuals who are on parole supervision.