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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24930
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband was sentenced to 3 1/2 years with a VFO. My

Customer Question

My husband was sentenced to 3 1/2 years with a VFO. My question I Have is will the VFO make him eligible for shock in NYS?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a laywer yet?
Customer: He has an attorney but im just looking to know for myself
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really just want to know what my husband is entitled to with a VFO
Submitted: 6 months ago.
Category: Criminal Law
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 6 months ago.
Expert:  Zoey_ JD replied 6 months ago.

Unfortunately, violent felony offenders are not eligible for early release or for programs like shock incarceration in New York State. You can see that in the Shock Incarceration eligibility requirements here.

I am very sorry to be the bearer of bad news.

Customer: replied 6 months ago.
even with a violent felony over ride
Customer: replied 6 months ago.
he wouldn't be able to get the shock program
Expert:  Zoey_ JD replied 6 months ago.

Sorry for the delay. I needed to do a little research.

He cannot get an override:

". . . for any crime which has as an element any of the following:

1) being armed with a deadly weapon or a dangerous instrument;

2) using or threatening to use a deadly weapon or a dangerous instrument;

3)possession of a deadly weapon or a dangerous instrument with the intent to use it against another;

or

4) the infliction of serious physical injury."

However, even if he were eligible for the override, he would still be ineligible for shock incarceration per Correction Law § 865[1])

This criminal case explains his ineligibility on the second page of the decision.

Again, sorry to be the bearer of bad news.

Customer: replied 6 months ago.
He was charged with burglary and we have the paperwork for the VFO
Customer: replied 6 months ago.
he still wouldn't be eligible
Expert:  Zoey_ JD replied 6 months ago.

He is not eligible for shock. Read the Williams decision.