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.
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.
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.
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.
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.
There are two types of parole—discretionary and mandatory—that differ in how release is granted. In discretionary systems, release is granted following a decision by a parole board, which grants or withholds parole based on its assessment of individual cases.
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.
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.
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.
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.
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.
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.
A blanket search warrant is a broad authorization from a judge that allows the police to search multiple areas for evidence without specifying exactly what they are looking for and seize everything found.
Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants.
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.
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.
Custody and regular parole are the two kinds of parole.
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.
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 can be determined is how long an offender must serve before the parole board will consider their case. If the offender was sentenced to five years for committing a 3(g) offense they must serve half of their sentence, two and a half years, before the parole board can consider them for parole.
Examples of 2nd Degree Felonies
In the state of Texas, second-degree felonies include (but are not limited to): manslaughter under Penal Code section 19.04. aggravated assault under Penal Code section 22.02. robbery under Penal Code section 29.02. burglary of a building.
Jessica's Law was enacted in Texas in July 2007 and went into effect that year on September 1. The purpose of the law is to harshen the penalties for sex offenders who target children and who have committed more than one offense involving a child sex crime.
Capital felonies are the worst criminal offense. In Texas, conviction of a capital felony means the sentence imposed can be life imprisonment or death.
- 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.
The short answer is: Yes.
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.
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.
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.
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.
Legally, probation violations do not expire; there is no statute of limitations.
Motions to adjudicate guilt are similar to motions to revoke probation, except that in such a case, the Defendant's plea of guilty or no contest was “deferred,” meaning that he or she has not been formally adjudicated guilty.
If an offender is accused of violating the probation conditions, he or she will not go to jail and serve the first sentence imposed. The type of offences revealed while in probation will be attentively measured by the authorities, and in some cases, warnings and fines can be issued instead of going back to prison.
Blue Warrants Explained
If the offender has violated Texas probation laws, a special warrant will be issued which will revoke their probation. This warrant is known as a Parole Revocation Warrant, or a blue warrant, and anyone arrested on a blue warrant won't have the possibility of getting bonded out.
No one seems to know where this idea came from, but it's just plain false. Warrants never expire. So, remember that citation that you got for not mowing your yard back in 1996 when you lived in El Paso.
In most cases, yes, especially if it does not lead to a conviction. This is because if a warrant is recalled or a case is adjudicated it may not appear on a background check. Keep in mind that if you have an open warrant, the employer may be able to see it during the employment adjudication process.
Stapled Warrants means the warrants exercisable to acquire Shares at a price of $8.25 per Share which were issued by the Corporation as part of the Convertible Units; Sample 1Sample 2Sample 3. Based on 3 documents.
The Act requires financial institutions selling assets to TARP to issue equity warrants (a type of security that entitles its holder to purchase shares in the company issuing the security for a specific price), or equity or senior debt securities (for non-publicly listed companies) to the Treasury.
> A John Doe warrant is a warrant for the apprehension of a person whose true name is unknown. > Generally, this kind of warrants are void because the violate the constitutional provision which requires that warrants of arrests should particularly describe the person or persons to be arrested.
Noble Warrant means that certain warrant issued to Noble International Investments, Inc. to purchase 1,602,565 shares of Common Stock at an exercise price of $0.0780 per share, in the form of Exhibit H hereto.
Class A Warrants means, collectively, the Common Stock purchase warrants delivered to the Holder at the Closing in accordance with Section 2.2(a) of the Purchase Agreement, which Class A Warrants shall be exercisable immediately and have a term of exercise equal to five years, in the form of Exhibit C attached to the ...
information to a Court to issue a 'first-instance warrant' in. situations where the police has not yet arrested the person for the. offence stated in the warrant, in order to compel the arrest under. warrant of the person.
- Committing and being arrested for a new crime.
- Not reporting to your parole officer.
- Failing a drug test.
- Breaking your curfew.
- Leaving the city, county or state without the permission of your parole officer.
- Failing to obtain and keep a job.
Persons who have been convicted of specified serious crimes three times or more are not eligible for parole, and neither are those convicted of treason or piracy.
(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.
The five stages of incarceration — denial, anger, bargaining, depression, and acceptance — are derived from the traditional stages of grief outlined by American Swiss psychiatrist, Elisabeth Kubler-Ross. These stages are not necessarily linear since people can flow in and out of them.
Security conditions in category A prisons are designed to make escape impossible for these prisoners. Category B – Category B prisoners do not need to be held in the highest security conditions but, for category B prisoners, the potential for escape should be made very difficult.
The Federal Prison System
The federal prison system's institutions are divided into five categories: minimum, low, medium, high (the most secure), and administrative. Minimum security institutions, commonly called “federal prison camps,” are designed for offenders who do not pose a risk of violence or escape.
- 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.
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.
Discretionary parole is a decision to release an offender from incarceration whose sentence has not expired, on condition of sustained lawful behavior that is subject to supervision and monitoring in the community by parole personnel who ensure compliance with the terms of release.
Today, there are three basic types of parole in the United States, discretionary, mandatory, and expiatory.
- Felony Probation. ...
- Misdemeanor Probation. ...
- What Does it Mean When a Sentence is Probated? ...
- Deferred Adjudication Probation. ...
- Pre-trial Diversion. ...
- Contact Us Today.
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.
- Capital felonies,
- First degree felonies,
- Second degree felonies,
- Third degree felonies, and.
- State jail felonies.
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.
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.
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.
G4 offenders are classified as medium custody because of behavioral problems, and as a result, live with certain restrictions. A G4 offender wrote "If you can't act right in society, you go to prison. If you can't act right in prison, you go to medium custody."
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.
Respond to a claim for unfair dismissal (Form F3)
The punishments for state jail felonies can vary a lot depending on the offender's criminal history, but they are still the lowest class of felonies in Texas. Examples of State Jail Felonies include DWI with a child passenger, forging a check, and possession of <1 gram of a controlled substance.