Criminal Law Questions? Ask a Criminal Lawyer.
im on parole for assault 2, possession of a gun 2, and reckless endangerment 1, parole is denyi.g me my driving privileges because I got a dwi and a dwai 12 yrs ago. it has nothing to do with my crime of conviction. they stated I will not be allowed to drive ny entire time on parole (5 yrs). is that legal? and what steps can I take to get my. driving privileges. I have a valid drivers license. I have also completed a 6 month drug and alcohol program in prison as well as a 90 day program when I got released. I have no drug or alcohol issues for a very long time, atleast 6 yrs.
Hello,My name is XXXXX XXXXX I'm a NYS criminal lawyer.I would love to be able to tell you what you want to hear, but the problem is that a parolee has very few rights. His personal liberty is completely dependent upon pleasing Parole and parole can require things of you that are in excess of what the state of New York cares about.You've already got a valid license. So legally speaking, at least in terms of the DMV, there's no reason that you cannot drive. But Parole can impose that condition upon you lawfully, just as it can require that you don't leave the county, don't socialize with others with ciminal records, stay out of bars and refrain from drinking and other things the doing of which breaks no law but can still get you violated. Parole's conditions are based on their assessment of you and are designed -- from their perspective anyway -- to minimize your risk of reoffending.About the only thing that you can do is to hire yourself a parole lawyer and take this matter up before the Board. If Parole's telling you that you can't drive is arbitrary then the Board can do something about this. If denied, your lawyer can also get you back before your sentencing judge. While in general, judges won't disturb the decisions made by parole. if he finds that Parole has abused their discretion by unfairly and arbitrarily imposing certain conditions on a parolee, they can overrule them.Otherwise, as time goes on and you have a good record of compliance with parole and as circumstances change where driving becomes necessary, you can revisit this with your PO and his supervisor and try again to change their minds.
I'm sorry for being the bearer of bad news, but you're a sentenced offender and all of the cards, like it or not, are in Parole's hands.
I havent gotten arrested for it. I do work on the books about 60 hrs a week though and live in sullivan county ny so public transportation is not a option. doesnt this seem a little arbitrary and capricious. how am I to be successful if im forced to depend on others for rides.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).