PAROLE REVOCATION HEARINGS

 

Parole Revocation Hearings

If the Texas Board of Pardons and Paroles gave you notice that they are seeking to revoke your parole you need an experienced attorney to handle your case. Having an experienced attorney represent you can make the difference between whether you are revoked or allowed to remain on parole.

 

When the Parole Division discovers a potential violation of parole or new criminal charge(s) it is investigated by a Parole Officer employed by TDCJ. It is at their discretion whether to impose graduated local sanctions such as a verbal warning, a conference with a supervisor, increase the reporting requirement, refer the alleged offender to substance abuse counseling, or issue a pre-revocation warrant or summons for the alleged offender. The warrant, sometimes called a “Blue Warrant” will keep the alleged in-custody pending an administrative pre-revocation hearing. No bail is available for a blue warrant. A summons allows the alleged offender to remain under supervision, working, attending programs, and remaining with his or her family pending a hearing. Prior to the hearing, the Parole Division may withdraw its warrant and continue supervision of the alleged offender with or without additional graduated local sanctions.

 

Types of Parole Revocation Hearings

Preliminary Hearing

 

A preliminary hearing is conducted to determine whether probable cause exists to proceed to a revocation hearing. Only alleged offenders with pending criminal charges or unfiled charges are entitled to a preliminary hearing.

Revocation Hearing

 

A revocation hearing is conducted to determine whether a preponderance of credible evidence exists to believe that one or more conditions of release have been violated. A preponderance of the evidence means that there is more evidence that not that a violation occurred. A revocation hearing may be conducted for law violations when there has been probable cause found in a preliminary hearing, a conviction has occurred, or if there are only technical violations alleged. There must be an affirmative finding in the revocation hearing for a Board panel to take action. The panel has several options: the alleged offender may be continued on supervision with or without additional graduated sanctions; they may be incarcerated in an Intermediate Sanction Facility for a limited period of time while remaining on supervision; or an alleged offender’s parole or mandatory supervision release may be revoked.

Rights During the Revocation Process

Once an alleged defender is detained and the Parole Division decides to request a hearing the individual is interviewed by a Parole Officer.

 

The individual is advised of their rights in the revocation hearing process to:

  • Be personally served with written notice of parole violations;

  • A preliminary hearing, unless the offender is accused only of administrative violations or has been convicted of a new criminal offense. The purpose of this hearing is to determine if there is probable cause to believe a condition of release has been violated. In some cases, the offender may choose to waive the preliminary hearing;

  • A revocation hearing, if the offender is alleged to have committed administrative violations or has been found guilty in a criminal case;

  • Full disclosure of all the evidence against the offender before the hearing;

  • Hire an attorney, and, under certain circumstances, the conditional right to a state-appointed attorney;

  • Tell the Hearing Officer in person what happened and to present evidence, affidavits, letters, and documents to support their position, including the right to subpoena witnesses through the Parole Officer;

  • Confront and cross-examine adverse witnesses (unless the Hearing Officer finds good cause to deny confrontation); and

  • Be heard on the allegation by someone designated by the Board.

The parolee should NOT waive any rights he is entitled to.

If parole or mandatory supervision is revoked as a result of the hearing, the alleged offender will receive a written report by the Hearing Officer describing the evidence relied upon in finding a violation. In certain cases, the offender may petition the Board to reopen the revocation hearing.

Actions Taken During the Parole Revocation Process

 

The Parole Panel may make any of the following decisions in the revocation process:

  • Proceed to a revocation hearing;

  • Transfer to an Intermediate Sanction Facility (ISF);

  • Transfer to a Substance Abuse Felony Punishment Facility (SAFPF);

  • Continue on Supervision, with or without modifying conditions of release;

  • Allow to discharge if the offender is past the discharge date; or

  • Revoke the parole or mandatory supervision release.
     

 

Reopening a Hearing

 

When an offender receives notice that the Parole decision is revocation, they will have 60 days from the day of the decision to request the hearing be reopened.

Such a request may be granted under the following circumstances and/or on the following grounds:

 

  1. for any substantial error in the revocation process; or

  2. upon newly discovered information.

Upon receipt of a request for reopening, a Parole Panel will either:

  1. grant the motion and order the hearing reopened for a stated, specific and limited purpose;

  2. deny the motion; or

  3. reverse the previous revocation decision.
     

LACAYO
LAW FIRM, PLLC

212 Stratford St. | Houston, TX 77006 | 713.504.0506

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The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. We invite you to contact the Lacayo Law Firm, PLLC at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.
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