Different Types of Parole Violations in Texas - The Law Office of Greg Tsioros (2022)

Parole, or community supervision in Texas, involves conditional release from incarceration. Violating any of the conditions of your release can mean a return to prison. The way to avoid re-incarceration is to successfully explain to the members of the Parole Board that you’re not a danger or risk to society.

Understanding the different types of parole violations in Texas can help you or someone you care about if you’re at risk of parole revocation. It’s important to take any violation of parole very seriously: don’t sign paperwork in which you acknowledge a parole violation without consulting an experienced Texas parole attorney. Never waive your rights to a hearing if you’re accused of a parole violation. You might be returned to prison.

This post can help you to better understand your rights. When you served time in prison, you had few rights and no liberty. Now that you’re out of prison on probation, the U.S. Constitution affords you the right to due process. If you have been accused of violating parole, consult with a parole revocation defense attorney to protect yourself.

Receiving Community Supervision is an Accomplishment in Texas

After the offender is released to community supervision in Texas, he or she must maintain an ongoing commitment to maintain the terms and conditions (T&Cs) established. Failure to carefully follow these T&Cs may result in revocation of parole, re-arrest, and return to prison.

An experienced Texas parole defense attorney can help you to successfully complete the community supervision period and move on with the rest of your life. He can best explain the limitations and affirmative requirements the parolee must respect and counsel you or someone you love about the best steps to take to maximize your chance of success.

Have you violated the terms of your parole in Texas?Contact Houston parole violation attorney Greg Tsioros today for a consultation»

Examples of Community Supervision T&Cs

After the offender is granted parole, he or she must sign a contract acknowledging the acceptance of the T&Cs imposed by the Texas Board of Pardons and Paroles. Terms differ between cases, but several conditions are commonly present for many, including:

  • The parolee must pay supervision fees on time and as agreed
  • He or she must reside in a designated place/county
  • He or she must submit to regular controlled substance abuse tests
  • If a victim was involved in the offense, he or she must agree to no contact

In addition to general T&Cs, the Texas Board of Pardons and Paroles may impose individual requirements. If the parolee refuses to comply with any of the requirements, his or her parole may be rescinded. The Board may require:

  • Psychological counseling
  • Substance abuse treatment
  • Mandatory education
  • Community service
  • Electronic monitoring
  • Payment of restitution to victim(s)
  • Prohibition against Internet access (certain sex offenders)
  • Required sex offender registration (certain sex offenders)
  • Adherence to establishment of certain child safety zones (certain sex offenders)

Types of Parole Violations in Texas

There are two primary types of parole violations: 1) violations of the law and 2) administrative violations. Many parolees face combined violations. Know that your parole can be revoked for either violation type.

One of the standard conditions of parole is to abide by the laws. You can’t violate any local, state, or federal laws on probation. If you’re accused of a legal violation, you may not get a hearing until the charge is resolved by plea, dismissal, or trial.

An administrative violation may involve failure to report a change in residence or to appear for meetings with your community supervision officer. Failure to pay restitution or court fees, or having a positive test for drugs will count as an administrative violation.

New criminal convictions during the community supervision period

An arrest for a new violation, misdemeanor, felony, offense, or even a motor vehicle matter may be considered a technical violation of community supervision. This type of violation is considered the most serious and can result in the offender’s return to prison.

A failed drug test can also be considered a more serious type of parole violation. The parolee’s possession of drugs, when his or her community supervision T&Cs forbid it, is considered a crime. That’s why a positive drug test establishes proof that the defendant committed a crime. In addition, some actions the defendant may take while under the influence of drugs could provide the basis for additional charges, such as driving under the influence (DUI).

Texas Parole Revocation Procedure

If the parolee is accused of revoking the T&Cs of his or her community supervision, the allegation(s) must be served within 10 days of arrest:

  • The revocation hearing is typically held within 10 days of the service of allegations.
  • If the new offense involves a felony punishable with new jail time, a limited hearing is available for the inmate to explain why the Parole Board should not revoke current community supervision.
  • A blue warrant is a parole revocation warrant that’s often executed without prior notice. Once issued, the parolee faces arrest and custody.
  • The parolee shouldn’t waive any rights and should immediately communicate his or her desire for the preliminary and final revocation hearings to which he or she is entitled.
  • The parolee must inform the parole division that he or she is advised against discussing his or her case or waiving any of his or her available constitutional rights.

When Parole Goes Wrong

Some parolees get into potential trouble by failing to meet the terms and conditions of their community supervision. For instance, failing to take a mandatory drug or alcohol test, failure to attend required AA meetings or anger management therapy, inability to keep a job, operating a car or truck without a breathalyzer installed, visiting certain counties without prior written permission, visiting specific people, going to a certain place (e.g. a school or playground when your T&Cs forbid it), failure to attend the re-entry or work program, violating your curfew, or failing to go back to the halfway house over a period of time can result in violations of parole.

When your community supervision officer believes you violated any of the T&Cs of your parole, he or she may issue a blue warrant to arrest you. When that happens, you’ll be escorted to a county jail and prompted to decide if you want a parole revocation hearing or waive your rights to a hearing.

Understand that after you have a parole violation on the record, it’s much more difficult to get parole if you’re eligible for it in the future. Don’t give up your freedom without a fight. Don’t waive any of your rights.

Answer these questions:

  • Did your community supervision officer make a mistake, or did you violate probation?
  • Were you completely compliant until you made this single probation error?
  • Was it impossible for you to keep any of the T&Cs of your parole for any reason?
  • Did your community supervision officer find problems with you?

It may be possible to rectify the situation. Although things are difficult now, don’t give up. Call an experienced Texas parole defense lawyer now. He may be able to intervene by contacting the community supervision officer now before a revocation hearing is scheduled. If it’s already in process, you need a knowledgeable parole attorney to represent you at the hearing.

Right to a Hearing before the Texas Parole Board

Parolees have the right to a hearing before the Parole Board, or before a designated agent, to evaluate the evidence concerning a possible parole violation. A guilty plea or subsequent conviction is enough to qualify as a violation of parole, but the parolee may still ask for a hearing to present his or her side of the story and/or mitigating circumstances.

The parolee can present his or her side of the story to the Texas Parole Board

The parolee can either 1) accept or acknowledge the community supervision violation and realize that he or she is likely to be incarcerated, or 2) build a defense to the alleged violation. For example:

  • If the parolee is accused of failing to report to the community supervision officer, provide proof that transportation to the office wasn’t available on the date in question.
  • If the parolee works and had to make a decision to either a) lose the job or b) miss the office appointment, provide proof of employment.
  • If the parolee has an addiction problem that creates the potential for future violations, he or she can begin to regularly attend Narcotics Anonymous or Alcoholics Anonymous. He or she can discuss the request for treatment assistance with the community supervision officer. In that way, he or she establishes an argument that attempts to comply with T&Cs were made.

Each type of term or condition has possible defensive arguments that may be constructed with the assistance of a qualified parole defense attorney.

After the Parole Board or agent finds that a violation of parole has occurred, it may proceed with one of several actions:

  • The Parole Board or agent can modify parole by adding new conditions.
  • The Parole Board of agent may require the parolee to be taken into jail supervision for 60 – 180 days.
  • The Parole Board or agent may move to revoke community supervision and return the inmate to incarceration for the remainder of the sentence, with no time credit given for the period of community supervision release. In that case, the offender is still eligible for consideration of parole in the future.

Considerations

A parole officer may attempt to persuade the parolee that he or she should agree to waive his or her constitutional rights to a parole revocation hearing:

  • The community supervision officer may tell the parolee that, if he or she waives the right to preliminary a revocation hearings, the officer will submit favorable recommendations of him or her to the Parole Board; or if the officer tells the parolee that he or she won’t have probation revoked; or if the officer says the parolee will be sent to an Intermediate Sanction Facility (ISF) or to a Substance Abuse Felony Punishment Facility (SAFP); or if the officer tells the parolee that, by waiving his or her rights, he or she will start earning positive credit faster and get out of jail faster.
  • None of these suggestions or “promises” is true.
  • Texas Government Code 508.254 provides that an individual subject to a warrant “may” be held in custody “pending the determination of facts of the alleged offense,” etc.
  • The parolee may be eligible for bail on a blue warrant, however, the Parole Division must know that the parolee hasn’t been convicted of a prior offense (Tex. Penal Code, Chapter 29) or an offense under Title 5 of the Tex. Penal Code (punishable as a felony), or an offense that involved family violence (Tex. Family Code, Section 71.004), or that the parolee doesn’t require “intensive supervision” or “super-intensive” supervision, or that he or she is not an absconder, or otherwise doesn’t pose a threat to the public’s safety.

A magistrate of the Texas county in which the parolee is held in custody may move to release him or her on bond prior to the court hearing if 1) he or she is arrested/held in custody on charges that he or she committed an administrative violation, 2) the warrant states that he or she is eligible for release, and 3) the magistrate concludes the individual isn’t a public safety threat.

If the parolee doesn’t meet the necessary criteria for release on bond pending the blue warrant’s disposition, he or she must remain in custody during the revocation process.

Contact an Experienced Texas Probation Defense Attorney in Houston

Rebuilding your life after prison can be a gritty and long process. Choosing an experienced parole violation defense lawyer in Houston can help you and your family before and after you’re released to community supervision. Greg Tsioros will help you better understand the T&Cs related to your release and provide suggestions to avoid situations that can lead to a parole violation or return to prison.

Call The Law Office of Greg Tsioros at 832-752-5972 to schedule an initial case evaluation.

FAQs

What are the different types of parole in Texas? ›

Releasees supervised by the Parole Division are mandatory supervision releasees, discretionary mandatory releasees, and parolees. Mandatory Supervision is the automatic release from prison to supervision provided by law for restricted categories of offenders.

What are parole violations in Texas? ›

A guilty plea or subsequent conviction is enough to qualify as a violation of parole, but the parolee may still ask for a hearing to present his or her side of the story and/or mitigating circumstances.

Can you get a bond for parole violation in Texas? ›

No. A parolee is not entitled to bond. If someone has pending charges most parolees don't get a hearing until after the resolution of their criminal case. The parole board has 30 days after a hearing to issue a decision or reopen for more evidence.

What happens if you fail a drug test on parole in Texas? ›

In Texas you can go to jail if you fail a drug test on probation. Failing a drug test is a probation violation. Failing a drug test on straight probation can result in probation revocation and a jail or prison sentence. Learn more.

What are the four types of release? ›

Types of Release
  • Parole. "Parole" means the release of a prisoner to the community by the Board of Parole (BOP) prior to the expiration of the offender's sentence. ...
  • Probation. ...
  • Determinate Release. ...
  • Community Corrections.

How long do you go to jail for probation violation in Texas? ›

In some cases, you may have to serve the entire maximum sentence. For example, if you were sentenced to two years but served one on probation, you may still find yourself in jail for the entire two-year sentence.

What is the punishment for probation violation in Texas? ›

If you violate probation, the judge may issue a warrant for your arrest. Additionally, there may not be a bond for the warrant. This is called a no bond. This means that you will need to hire a criminal defense lawyer and request the judge to set a bond for you.

What happens if a parolee violates the conditions of his parole? ›

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE? The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence.

What happens when you violate parole for the first time in Texas? ›

If your parole officer thinks you violated a condition of your parole, a “blue warrant” may be issued for your arrest. If that happens, you will be taken to county jail and asked to decide whether you want to waive your rights or if you want a parole revocation hearing.

What are the rules in considering parole cases? ›

An inmate will normally be eligible for parole upon a showing of confinement for an indeterminate prison sentence, the maximum period of which exceeds 1 year, providing the inmate has served the minimum period of the sentence less the good-conduct time allowances earned.

What are the different types of parole? ›

Today, there are three basic types of parole in the United States, discretionary, mandatory, and expiatory.

What is a blue warrant Texas? ›

Known as “blue warrants,” these orders are issued by TDCJ for individuals under supervision (parole or mandatory supervision) who are accused of violating their terms of release or committing a new crime.

Can you bail out of jail on a probation violation in Texas? ›

Bail Bonds and Hearings

If an individual is sent to jail after a motion to revoke probation in Texas, they are eligible for a hearing within 21 days of the violation. If the individual was out on straight probation, they may not be allowed a bail bond. For those out on deferred adjudication, they are allowed bond.

What happens if you violate bond conditions in Texas? ›

Bail jumping and failure to appear is a Class A Misdemeanor in Texas, and it is a form of violating bond conditions. If convicted, you could be sentenced to a year in jail, a $4,000 fine, or both. If you jumped bail for a felony offense, the crime is a third-degree felony.

How do I dispute a false positive drug test for probation? ›

4 Ways to Dispute a False Positive Drug Test While On Probation
  1. Ask for a repeat test as soon as possible. ...
  2. Reveal the substances you have been taking that might have caused inaccurate result. ...
  3. Request a more advanced method of testing for verification. ...
  4. Get assistance from your union or a private attorney.
6 Feb 2021

Does a failed drug test stay with you? ›

How Long Do Failed Drug Tests Stay on Record? The positive drug test remains in the Drug and Alcohol Clearinghouse until you successfully complete the RTD process and the observed DOT follow-up testing. After that, the information stays in the Clearinghouse for five years.

What drugs does Texas parole test for? ›

The most common parole and probation drug tests and alcohol tests are: The 5-panel drug urine test, which analyzes a urine sample for marijuana, cocaine, PCP, amphetamines, and opiates. Many probation drug testing requirements also add alcohol to the 5-panel test.

What is tort release? ›

A Release means giving up the right to the action. It means when a person by his own choice discharged the tort. This right is only provided to the person against whom the wrong has been done.

What is a release checklist? ›

A release management checklist is a straightforward list of all software development phases and their corresponding tasks. The phases include: Product management. Development. Quality assurance.

Does Texas have compassionate release? ›

Compassionate release may be granted for one of the following reasons: Medical conditions - An inmate may request a reduction in sentence if they suffer from a terminal, incurable illness, and they have a life expectancy of 18 months or less.

What is the most common violation of probation? ›

The most common probation violations include:
  • Missing court or probation meetings.
  • Failing to pay fines or restitution.
  • Failing drug and alcohol tests.
  • Failing to maintain employment.
  • Incomplete community service.
  • Unapproved associations with felons.
  • Crossing state lines.
  • Committing a new crime.

How much jail time do you get for violating probation? ›

Probation violation jail time can vary from none at all to years or even decades. In the case of a felony probation violation, jail time is proportionate to the length of the possible sentence for the original charge. The more serious the underlying offense, the more likely you will face years of jail time.

Can a probation violation be dismissed? ›

The short answer is: Yes.

Can a probation violation be dismissed Texas? ›

Yes—a probation violation motion can be dismissed or withdrawn. With the help of a criminal defense attorney, the issue can be resolved or modified in numerous ways, depending on the type of probation violation.

What happens if you violate probation for the first time in Texas? ›

You May Be Ordered to Serve Time in Jail

You may be ordered to serve the full sentence you otherwise would have faced for the original criminal offense. If you were ordered to probation through deferred adjudication in Texas, a violation of the terms of your probation is likely to lead to its revocation.

Is there a statute of limitations on probation violation in Texas? ›

Legally, probation violations do not expire; there is no statute of limitations.

What are the four most important factors parole boards consider before granting release on parole? ›

Despite the nuances of parole board policies or structures, a review of parole decision- making literature to date reveals that parole release decisions are primarily a function of institutional behavior, crime severity, criminal history, incarceration length, mental illness, and victim input.

Who are eligible for conditional pardon? ›

For Conditional Pardon, the prisoner shall have served at least one-half (1/2) of the minimum of his original indeterminate and/or definite sentence. However, in the case of a prisoner who is convicted of a heinous crime as defined in Republic Act No.

What does it mean to violate the condition of a release? ›

(a) The term violation of conditional release means a failure to comply with the conditions of conditional release supervision imposed by the local conditional release commission.

What happens if you violate deferred adjudication in Texas? ›

If you meet these conditions by the end of the period of deferment, the judge will dismiss the case against you. But if you violate those conditions, the prosecutor may file a motion to adjudicate guilt and ask the court to sentence you. In that case, you could be sentenced to a maximum of 20 years.

Can you get probation for a first time felony in Texas? ›

Probation can be an option for certain first degree felony convictions in Texas. Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison. Probationers have to meet all of the requirements of their probation.

Can I get off parole early in Texas? ›

Early release from parole supervision

A parolee may be released from parole supervision if his or her parole officer recommends it. The parolee must: Be under current supervision (at least 50 percent of the time left on the sentence, after release) Have no parole violations (for the prior two years and—not revoked)

What factors would the parole board consider at his parole hearing? ›

Before making a decision, the Parole Board members will look at each inmate's criminal and social history, including the actual offense, their detailed criminal record, and the remorse an inmate has shown for their offense (or any other offenses on their criminal records).

What factors do parole boards consider? ›

Once the evidence is collected, the parole board will make a parole determination based on some of the following factors: the facts and circumstances of the underlying offense; aggravating and mitigating factors surrounding the offense; nature and pattern of previous convictions; adjustment to previous probation, ...

What two factors do parole guidelines attempt to predict? ›

What two factors do parole guidelines attempt to predict? The offenders risk to the community and chance for success.

What are the 4 main types of sentencing? ›

Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes.

What are the 4 kinds of inmates? ›

C.

1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to death; 2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years; 3. City prisoner – one who is sentenced to a prison term of one day to three years; and 4.

What are the Offences against which parole is not granted? ›

Certain categories of convicts or prisoners are not eligible for being released on parole. Prisoners involved in offences against the State, or threats to National Security, Terrorism, Non-Citizens of India etc. People convicted of murder and rape of children or multiple murders etc.

How long are warrants active in Texas? ›

There is no statute of limitations on an arrest warrant, a document that a judge or magistrate signs to allow law enforcement officers to take a suspect into custody.

What is a white warrant in the state of Texas? ›

A white warrant is typically for someone who absconds (leaves secretly to not get caught), flees from supervision, or who violates the terms of their probation or parole.

How long can they hold you in jail for a parole violation in Texas? ›

The Parole Board of agent may require the parolee to be taken into jail supervision for 60 – 180 days. The Parole Board or agent may move to revoke community supervision and return the inmate to incarceration for the remainder of the sentence, with no time credit given for the period of community supervision release.

What happens if you fail a drug test on probation in Texas? ›

In Texas you can go to jail if you fail a drug test on probation. Failing a drug test is a probation violation. Failing a drug test on straight probation can result in probation revocation and a jail or prison sentence.

What is the 30.05 law in Texas? ›

According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. Typically these properties have a sign that forbids entry or the individual is asked to leave the property by one of its residents.

How much is a bond for a felony in Texas? ›

Bail for state jail felonies is usually around $500 to $1,500. Third Degree Felonies - Offenses include stalking, indecent exposure to a child, a third DWI offense, deadly conduct with a firearm, or intoxication assault. Bail for third-degree felonies is usually around $1,500 to $5,000.

Can you bond out on a felony charge in Texas? ›

Under the new law in Texas, personal recognizance bonds for anyone with a history of violent offenses are no longer allowed. This means that a person who wants to leave jail to await trial with a criminal record will now have to pay cash bail or a bail bonds company instead of simply being released by the court.

What are the 5 types of probation in Texas? ›

Types of Probation in Texas
  • Felony Probation. ...
  • Misdemeanor Probation. ...
  • What Does it Mean When a Sentence is Probated? ...
  • Deferred Adjudication Probation. ...
  • Pre-trial Diversion. ...
  • Contact Us Today.
29 Jul 2021

What is a fi 2 parole in Texas? ›

FI-1: Release the offender when eligible. FI-2 (Month/Year): Release on a specified future date. FI-3R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than three months from specified date.

What are the 4 categories of felonies in Texas? ›

From most to least severe, they are:
  • Capital felonies,
  • First degree felonies,
  • Second degree felonies,
  • Third degree felonies, and.
  • State jail felonies.

What factors determine parole? ›

Caplan (2007) identified six common factors most prevalent across empirical reviews for how PBMs determine parole: (1) institutional behavior, (2) crime severity, (3) criminal history, (4) incarceration length, (5) victim input, and (6) mental illness.

What are 3g offenses in Texas? ›

Injury to a child, elderly, or disabled individual (first-degree offense) Aggravated robbery. Burglary of a habitation to commit a felony other than theft. Compelling prostitution of a minor by force, threat, or fraud.

What is the rules for Texas parole? ›

Offenders may only be paroled if they receive approval from a parole panel and if they have served enough of their sentence to be eligible by law for parole. Parole is a privilege, not a right. Some requirements for an offender to be released on parole include: (a) serves sufficient time as required by law [Tex.

How long does a parole decision take in Texas? ›

The review process generally takes approximately two to six months to complete and those registered for notification with TDCJ Victim Services Division will receive notice of the TxBPP's decision.

What is a fi 3R parole? ›

Parole Panel Voting Options

FI-3R: Transfer offender to a rehabilitation program, such as CHANGES/Lifeskills, for at least three months, with release to parole no earlier than a specified date after program completion.

What are the 5 Texas felony categories? ›

Texas has five degrees of felonies: capital felony, first-degree felony, second-degree felony, third-degree felony and state jail felony. Murder, treason and genocide are examples of capital felonies in Texas. This degree of felony carries a maximum punishment of life without parole or execution.

What does F3 mean in court? ›

Respond to a claim for unfair dismissal (Form F3)

What is the smallest felony you can get? ›

Class I felonies are the lowest in the class ranking.. This occurs if someone makes a threat to commit a crime that would result in the death, terror, serious injury, or serious physical property damage. However, a person can make a “threat” simply through innuendo and even body language.

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