Does a parole violator have a statutory right to a preliminary hearing?

MultiRegion, United States of America

The following excerpt is from D'Amato v. U.S. Parole Com'n, 837 F.2d 72 (2nd Cir. 1988):

With respect to the statutory right to a preliminary hearing, according to the plain language of Sec. 4214(a)(1), before such a right accrues, an alleged parole violator must be "summoned or retaken" by the execution of a parole violation warrant pursuant to 18 U.S.C. Sec. 4213. 7 See Thigpen v. United States Parole Comm'n, 707 F.2d 973, 976 (7th Cir.1983). Thus, the statutory right to a preliminary hearing, like the due process right, is triggered by the execution of a parole violation warrant.

Other Questions


Is there any federal or statutory violation of a person's right to exercise their constitutional, statutory or constitutional right? (MultiRegion, United States of America)
What is the test for finding a violation of a Fourteenth Amendment right to familial relations generally based on a government actor's affirmative conduct that violates the right? (MultiRegion, United States of America)
Is there a private right of action against police officers who, under color of state law, violate federal constitutional or statutory rights? (MultiRegion, United States of America)
When an employment contract purports to cover employment claims based on statutory or non-waivable rights or statutory rights, what are the requirements of an arbitration agreement? (MultiRegion, United States of America)
Can a defendant be sued for civil rights violations if they are found to have violated a plaintiff's civil rights? (MultiRegion, United States of America)
Can a hearing officer, parole officer, hearing officer and parole official be immunized from prosecution? (MultiRegion, United States of America)
Does denial of statutory rights under the Immigration Code of Civil Procedure violate the constitutional guarantee of due process? (MultiRegion, United States of America)
Does a prosecutor violate due process when he seeks additional charges solely for exercising a constitutional or statutory right? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Is a prison assistant's failure to interview an inmate's witnesses for a disciplinary hearing a violation of the inmate's right to access their witnesses? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.