appear and speak on your own behalf and to produce letters, witnesses, or documentary evidence to support your case. In addition, you may confront and cross-examine the DOCCS witnesses, unless good cause is shown why they should not appear at the hearing.

Using the space provided for this on the Notice of Violation, you may waive the Preliminary Hearing. The Notice of Violation also contains a tear-off form for requesting assistance in obtaining assigned counsel if you cannot afford to hire an attorney.

5) MUST I DISCUSS THE VIOLATION WITH MY PAROLE OFFICER?

While you are on parole, you must reply promptly, fully, and truthfully to inquiries and communications from your Parole Officer. At the time that the Notice of Violation is served upon you, your Parole Officer must read you the alleged violations. He or she must report to the Board of Parole any statement that you make with respect to the alleged violations. You do not have to testify at the Preliminary or Final Hearing. When your Parole Officer is preparing the Violation of Release Report, he or she can inquire whether you wish to make a statement concerning the charges to be included in the report. You do not have to make a statement. Any statement you do make may be used as evidence at the Preliminary and Final Hearing.

6) HOW CAN I FIND A LAWYER TO ASSIST ME?

Although there is no absolute right to counsel at your Preliminary Hearing, you may appear with an attorney at this hearing. If you cannot afford an attorney, your Parole Officer will be aware of agencies which may be available to help you and will advise you of them when he or she serves you with the Notice of Violation. However, if you are unable to obtain counsel before your Preliminary Hearing, you may again request counsel at the commencement of your Preliminary Hearing. If the hearing officer finds that it is necessary for you to have counsel at this hearing, he or she will order that the hearing be adjourned and take steps to assist you to obtain an attorney.

If a Final Hearing has been ordered in your case, you have an absolute right to have an attorney. One will be assigned to you if you cannot afford one. To obtain an attorney at your Final Hearing, you may write to the County Court in the county in which the hearing is to take place, or to a Legal Aid or Public Defender’s office which provides counsel for such hearings. Upon request, your Parole Officer will provide you with the necessary information to assist you in obtaining an attorney.

7) IF I AM CONVICTED OF HAVING COMMITTED A CRIME WHILE UNDER PAROLE SUPERVISION, WILL I GO THROUGH THE NORMAL REVOCATION HEARING PROCESS?

If you are convicted of having committed a crime while under parole supervision, you forfeit your right to a Preliminary Hearing, and you may also forfeit you right to a Final Hearing.

If you are convicted of a misdemeanor, you are not entitled to a Preliminary Hearing. You will, however, receive a Final Hearing.

Albums

• Welcome Home Orientation Materials