How Parole Revocation Works in Texas - The Law Office of Greg Tsioros (2022)

Understanding the parole revocation process in Texas can help you or someone you love to avoid it.

After an offender is released from prison, he or she typically serves a period of re-integration commonly referred to as parole.

During this parole period, the offender must comply with specific parole terms and conditions. The parole period is considered a kind of test that answers whether the parolee is ready to return to the community as a law-abiding citizen. His or her failure to meet parole terms and conditions may have serious consequences.

Have you or a loved one violated conditions of parole?Contact Houston parole attorney Greg Tsioros for a consultation»

Common Terms and Conditions (T&Cs) of Parole in Texas

When an offender is released on parole, he or she must comply with state and federal laws. In most cases, he or she must stay in Texas. He or she must periodically check in with an assigned parole officer. Parolees must:

  • Find employment and maintain a steady job
  • Continue the educational track he or she has started in prison
  • Report any change of address to the parole officer
  • Avoid using, keeping, or administering drugs or controlled substances
  • Refrain from control or possession of firearms or any other deadly/defensive weapons
  • Avoid correspondence with others on parole or within a correctional facility
  • Submit to regular drug testing and warrantless search and seizure (searches to be conducted without a probable cause)
  • Waive extradition

The parolee also receives T&Cs specific to his or her offense as required in Texas.

Texas Parole Violations

When any of the T&Cs of parole are violated, the parolee usually faces consequences. Other than the consequences relating to the parole violation, he or she may face one or more new criminal charges as well.

In decades past, a Texas parole officer was often called upon to decide the consequences of the parolee’s violation.

In 1972, the U.S. Supreme Court decided that parole officers couldn’t return parolees to prison. InMorrissey v. Brewer,the court determined that parolees have a right to due process:

  • The parolee has a right to a parole revocation hearing
  • He or she has the right to an attorney (to attempt to convince the parole panel that he or she should continue on parole)
  • He or she has the right to know the evidence another party has presented against him or her

Under Texas law, the parolee can’t be returned to prison because the parole officer says so. He or she is entitled to a parole violation hearing.

Sentence Credit

The seriousness of these consequences depends on the kind of violation that happens next. The parole officer and voting members of the parole board determine whether it will continue or revoke parole.

Parole revocation can affectstreet time:

  • If parole isn’t revoked, the parolee’s street time remains unchanged.
  • If parole is revoked, any change in street time reflects two items: 1) how long he or she was on parole, and 2) the original offense that led to the offender’s prison sentence.

If parole is revoked, the offender may automatically lose street time if he or she was originally convicted of 1) aggravated robbery, 2) aggravated sexual assault, 3) aggravated kidnapping, 4) aggravated assault (1st/2nd degree), 5) capital murder, 6) 2nd degree murder, 7) 2nd degree sexual assault, 8) injury to an elderly or disabled adult or child, 9) 1st degree arson, 10) 1st degree burglary, 11) 2nd degree robbery, 12) increased felony (Drug Free Zone), 13) increased felony (child used in commission of the crime), 14) indecency with a child (2nd/3rd degree), or 15) any offense involving the use of a deadly weapon.

If the parolee was originally convicted for any of these offenses, it doesn’t matter how long he or she was paroled or how much time is left in the case before discharge.

Parole case examples
  • Carol went to prison after she pleaded guilty to possession of a controlled substance. She received parole when 10 years remained on the original sentence. For that reason, Carol’s parole sentence was 10 years. In other words, Carol would be required to successfully complete parole before her case was discharged. If Carol’s parole was revoked in her eighth year of parole, she could receive credit for the eight years and have just two years to serve in prison. That’s because she was on parole for more than half of the remaining sentence.
  • If Carol’s parole was revoked after she was in the third year of parole, she wouldn’t receive credit for these years. She would be returned to prison to serve the full 10 years. That’s because she wasn’t on parole for at least 50 percent of the remaining sentence.Receipt of a parole revocation warrant may entail arrest and a return to prison for the parolee. If you’re in this situation because you’re facing a technical violation or a new crime, you must take action.

Parole Revocation Hearings and Legal Representation

A parolee may face a return to prison because of a technical violation or new criminal conviction. Before the parolee is returned to prison, he or she may request a preliminary hearing and/or a parole hearing. (In some situations, the parolee may be entitled to the revocation hearing only.)

At that time, the parole panel decides if the parolee violated any of the terms and conditions (T&Cs) of his or her parole. At that time, the board may vote to revoke parole, reverse a prior parole revocation, require added supervision, or take other actions.

The Texas Department of Criminal Justice notes that the parolee may hire a defense attorney during the parole revocation hearing process. The Texas parole attorney will work with the parole panel to schedule the hearing, prepare documents, and protect the parolee’s legal rights.

Preliminary hearing

The preliminary hearing is conducted in two parts.

The first part, called the allegation phase, involves the presentation of evidence regarding the parolee’s alleged parole violations.

A warrant is issued for the individual accused of a parole violation (if he or she isn’t already in custody).

At the preliminary hearing, impartial parole board officers (those not associated with his or her case) consider the evidence to determine whether a parole violation happened:

  • If it decides there’s sufficient reason to ascertain that a parole violation happened, the officers schedule a revocation hearing.
  • The parolee may remain in custody until the final hearing.
  • The parole panel decides whether there’s sufficient reason to retain the parolee until the parole revocation decision is reached. In that case, the judge issues atemporary revocation order.
  • The first phase doesn’t proceed to the hearing unless the parole panel has sufficient proof of the parole violation.
Adjustment/mitigation hearing

The second part, called the adjustment phase (mitigation hearing), allows the panelists to consider the evidence about the parolee’s social adjustment, including his or her employment history, compliance (with court-mandated programs and education), conditions of release, and prior parole or mandatory supervision violations.

The three-person voting panel reviews hearing reports and reviews waivers. Texas Board of Pardons and Parole has seven offices in Texas. The hearing location is usually determined by the panel receiving the parolee’s case. Analysts review the evidence before the parole panel meets to decide whether to revoke the offender’s parole. The steps include:

  1. The hearing begins with the swearing in of the accused.
  2. He or she is read the rights.
  3. The accused should never waive his or her rights for any reason.
  4. The parole officer then presents the parolee’s Certificate of Release.
  5. The hearing officer asks the parole officer for details that substantiate the allegations (that the accused has violated his or her terms of parole).
  6. Findings are made by a preponderance of the evidence.
  7. The hearing officer will ask the accused if he or she admits/denies the allegations.
  8. Effective defense includes cross-examination of supporting witnesses.
  9. The Texas parole lawyer may ask for ano findingand move to close the hearing.

Consult The Law Office of Greg Tsioros for your parole case»

Actions the parole panel may take during the parole revocation process

Members of the voting panel may decide to:

  1. Call a revocation hearing
  2. Continue the offender’s mandatory supervision or parole but decide to transfer him or her to an Intermediate Sanction Facility, Substance Abuse Felony Punishment Facility, treatment center, or halfway house
  3. Continue the offender’s supervision (with or without new modifying conditions), such as a) allow the discharge of the offender, if after the discharge date, b) revoke his or her mandatory supervision or parole release, or c) reverse a prior parole revocation.

What are the Offender’s Responsibilities?

According to the Texas Department of Criminal Justice, the offender isn’t required to respond to questions posed by law enforcement or to offer any information whatsoever concerning the alleged violation. In addition, the parolee may:

  • Engage a qualified Texas parole attorney at his or her own expense
  • Request witnesses
  • Enable direct and/or cross-examination of witnesses

The offender’s parole attorney is an invaluable partner during the parole hearing process. He counsels the offender. He also presents and/or examines relevant witnesses and addresses all allegations to defend the legal rights of his client.

Possible Defenses against the Alleged Parole Violation

When an individual is accused of violating parole, he or she may present evidence to convince the parole panel that a violation didn’t happen.

Presenting absolute proof isn’t always necessary. The Texas parole lawyer must show that the allegation isn’t reflected by a preponderance of the evidence. When possible, the parole lawyer will show that no violation is proven. At that point, the parolee may walk away from the hearing with no additional consequences.

Alternatively, the parolee and his or her parole lawyer have the option to defend or justify a violation:

  • For example, the defense could argue that violating parole was accidental or necessary.
  • Raising adefense of justification,the parole panel may decide against taking administrative action or opt to send the accused to jail.

In either scenario, it’s always the best course to consult with an experienced Texas parole lawyer if accused of a parole violation.

Contact an Experienced Texas Parole Attorney

Revocation of parole means your freedom is at stake. Revocation of parole is a devastating experience. An experienced parole lawyer can mean the difference in the outcome of your case.

If you or a loved one has been served with a parole revocation warrant or a blue warrant in Texas, it’s crucial to consult with an experienced criminal defense lawyer to discuss your legal options. Call The Law Office of Greg Tsioros in Houston at 832-752-5972 for an initial case evaluation now.

FAQs

What happens when parole is revoked in Texas? ›

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

How long does it take to get a revocation hearing in Texas? ›

A: Two to four weeks.

What happens when you get a parole violation 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 is a revocation hearing in Texas? ›

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 means that there is more evidence than not that a violation occurred.

What is the effect of the revocation of parole? ›

Parole Violations and Revocations

If a condition of parole is legitimate, its violation by a parolee can result in the parolee being sent back to prison (parole revocation) to serve all or some of the balance of his original sentence.

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.

Can you appeal a probation revocation in Texas? ›

You are entitled to have a hearing within 21 days for a probation violation if you are incarcerated. If you are on deferred adjudication you are entitled to have a bond set. Regular probationers may be held on no bond.

What shall happen when probation is revoked? ›

What happens when probation is revoked? If a judge decides to revoke someone's probation, that person will be sent to jail. The jail sentence will be the one that was originally imposed by the judge at the sentencing hearing.

When can a revocation notice be revoked? ›

The Indian Contract Act lays out the rules of revocation of an offer in Section 5. It says the offer may be revoked anytime before the communication of the acceptance is complete against the proposer/offeror. Once the acceptance is communicated to the proposer, revocation of the offer is now not possible.

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 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.

How long can you be held on a parole hold in Texas? ›

Current law provides that if the Board of Pardons and Paroles has not held a revocation hearing within 120 days from the arrest, the warrant must be withdrawn. During the original 120 days, a continuance may be requested for up to 60 days. An additional 30 days are also allowed after the hearing for disposition.

What is the law for revocation? ›

(1) A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. (2) An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.

What does probation revocation mean in Texas? ›

A Motion to Revoke Probation is serious and could mean jail or prison time for any proven probation violation. A probation officer or the State may request the court revoke probation if there is reasonable cause to believe there was a violation of any written conditions or regulations of probation.

Can Texas parole Take your street time? ›

You can lose your freedom, but additionally it is possible to lose your street time. It is important that you fight to avoid those consequences if at all possible. At Topek and Topek experienced Texas parole lawyers are ready to defend you against any allegations that you violated your Texas parole.

What is meant by parole revocation? ›

Parole revocation means that your parole has been revoked and you must go back to prison. In Texas, your parole can be revoked if you are accused or found guilty of committing any offense that violates its terms. Your parole officer is typically the person who recommends parole revocation and your return to prison.

What will be the effect of the revocation of probation to the probationer? ›

If revoked, the court shall order the probationer to serve the sentence originally imposed.

What is one of the most frequent reasons why probation or parole is revoked? ›

The offender fails to report to a parole or probation officer as required. This is one of the most frequent violations for which revocation occurs. Others include failure to participate in a stipulated treatment program and alcohol or drug abuse while under supervision.

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.

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.

How long can jail hold you after bond is posted in Texas? ›

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

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 I get my probation reinstated in Texas? ›

The judge also has the right to let you have another chance and reinstate your probation without having the new charge dropped, but this depends wholly on your situation, the nature of your offense, and whether or not you can convince the judge that you deserve this second chance.

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 to a probationer if the conditions of probation are violated? ›

If the court finds the probationer guilty of serious violation of the conditions of probation, the offender may be ordered to serve the original sentence imposed.

Can a probation violation be dismissed? ›

The short answer is: Yes.

Can you violate probation and not jail? ›

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.

What are the methods of revocation? ›

Modes of Revocation of an offer
  • Revocation of offer before acknowledgement by communication of the notice of revocation by the offeror.
  • Revocation by lapse of time. ...
  • Revocation by non-performance to fulfil a promise prior to acceptance. ...
  • Revocation by death or insanity of the offeror.
  • Revocation by cross offer.

What is the revocation period? ›

Revocation Period means the period during which the Executive may revoke an executed Waiver and Release following a Qualifying Termination, as provided in Section 6 of the Waiver and Release.

What is revocation offer? ›

A revocation of offer is the withdrawal of a previous offer to engage in some sort of legally binding contract. The previous offer had to have been such that it would have immediately become legally binding if the other party had formally agreed to it.

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.

What happens if you violate probation twice in Texas? ›

WHAT HAPPENS IF YOU VIOLATE PROBATION TWICE? Whatever leniency a prosecutor or judge may show following a first probation violation, they are far less likely to show on a second violation. Even so, violating probation twice does not automatically mean your probation will be revoked.

Can you travel while on probation in Texas? ›

You can only leave town while on probation if approved by your Probation Officer. Since you need permission to travel outside the County, you should talk to your Probation Officer about any travel plans well in advance. If your travel plans are approved, your Probation Officer will give you a travel permit.

What are the factors to be disqualified for parole? ›

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.

What can violate parole? ›

Some of the more common examples of major parole violations include:
  • 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.
20 Jan 2022

How do I get a parole hold lifted in Texas? ›

Typically, the Texas Department of Criminal Justice does not lift parole holds that prevent parolees from release until the parole board issues a final decision.

What are the rules for parole in Texas? ›

Parole: The release of an offender, by decision of a parole panel, to serve the remainder of their sentence under supervision in the community. An offender 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.

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)

Can you travel while on parole in Texas? ›

A. Parole officers shall submit a travel permit request in the Offender Information Management System (OIMS) for clients requesting out-of-state travel permission. Approval for travel is required from the unit supervisor, except as noted in Section II.

What are the two rules regarding revocation? ›

Contract law

Under Article 2 of the Uniform Commercial Code, for a buyer to revoke, he must show (1) the goods failed to conform to the contract and (2) it substantially impaired the value of the goods (this is a question of fact).

What are grounds of revocation? ›

The grounds for patent revocation in India are given under Section 64 of the Patent Act, 1970. The invention claimed in any claims of complete specification is already claimed in another patent granted in India with an earlier priority date or filing date. The patent was granted to a person who is not entitled to it.

Is a revocation effective? ›

The general rule is that a revocation is effective when the offeree receives it.

Can you get a bond on a motion to revoke probation Texas? ›

In Texas a judge is not required to set a bond on a motion to revoke probation. The judge can make you wait in jail while your case is resolved. This is different than most cases where a judge will set a bond when they sign an arrest warrant.

Can you bond out on a MTR in Texas? ›

In Texas, if an MTR is filed on a misdemeanor offense the probationer is entitled to a bond. However, in a felony case the probationer can be held in the county jail without bond until the resolution of their case. Occasionally, the judge will set a felony MTR bond after a bond hearing requested by the defendant.

What happens when your parole is revoked in Texas? ›

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

What happens when you revoke probation in Texas? ›

What Happens After a Revocation of Your Probation? When probation is revoked, you may be sent to jail or prison. However, there is no guarantee that you will be ordered to serve time in jail/prison once your probation is revoked. You still have a chance to defend yourself to remain on probation.

What would be the effect in case the probation period has been revoked? ›

Section 52.

(b) If the probation period has been revoked, the Trial Court shall order the probationer to serve the sentence originally imposed in the judgment of his case for which he applied for probation.

What is the revocation of probation procedure? ›

Introduction. Probation revocation is an event in which the court, after finding that one or more probation violations have been proven, rescinds an individual's probation sentence and executes a jail or prison sentence.

What does it mean to revoke parole? ›

Parole revocation means that your parole has been revoked and you must go back to prison. In Texas, your parole can be revoked if you are accused or found guilty of committing any offense that violates its terms. Your parole officer is typically the person who recommends parole revocation and your return to prison.

What is the new law on probation? ›

Luckily, starting January 1, 2021, Assembly Bill 1950 provides that in misdemeanor cases, probation shall not be granted for longer than one year, and in felony cases no longer than two years, unless the law related to a certain offense specifically requires a specific period of probation.

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