HELLO

I AM CURIOUS ABOUT REVOCATION IN TEXAS. ARE THEY TRYING TO PUT PEOPLE BACK FOR NO REASON ? WHAT IS THE RIGHTS OF A PAROLEE WHEN IT COMES TO REVOCATION?

Shoot,
You don't have a lot of rights when they go after you for a revocation. They usually slap a "blue warrant" on you and then you have a hearing. You don't have a bond when they issue you one of these. I'll see if I can get some more info on actual parole revocation. I have had my probation revoked a number of times, but there are differences in probation and parole.
Can you give us any circumstances surrounding this potential revocation?

David

FED-X
THERE IS NO CIRCUMSTANCE. I HAVE A NEW PO AND SHE IS HASSLING ME OVER LITTLE THINGS. I ONCE HEARD THAT IF THE SYSTEM HAS ROOM THEN THEY WILL LOOK FOR REASONS TO REVOKE. I HAVE BEEN OUT SINCE OCTOBER OF 2000 WITH NO PROBLEMS. JUST RECENTLY SHE SEEMS TO BE REALLY PICKY. MAYBE I AM JUST PARANOID. I WAS JUST WONDERING IF THERE WAS A MOVEMENT TO REVOKE?

You can learn about the "blue warrant" process here:

http://www.tdcj.state.tx.us/bpp/revocation/revocation.htm
Texas Board of Pardons and Parole
Parole Revocation Process

Here is some other information from one of the law firms that handles a great number of parole cases in Texas:

http://www.paroletexas.com/parolerev.htm
Habern, O'Neil,& Buckley L.L.P.
Attorneys and Counselors at Law
1-888-942-2376

REVOCATION OF PAROLE

E-Mail Parole Revocation Questions
parolerevocation@ParoleTexas.com

In Texas, a parole revocation warrant is called a "blue warrant." Blue warrants are usually executed without any prior notice to the parolee. Once a warrant is issued, the parolee is arrested and incarcerated. No bond is allowed.

Once arrested, the due process aspects of the revocation procedure begin, regardless of whether the parolee is charged with a new crime or a technical violation.

Once in custody, someone from the parole division will contact the parolee. This person often attempts to have the parolee waive his clearly established constitutional right to a preliminary hearing.

THE PAROLEE SHOULD NOT WAIVE ANY OF HIS RIGHTS.

THE PAROLEE SHOULD NOT DISCUSS THE FACTS OF HIS/HER CASE WITH THE PAROLE DIVISION REPRESENTATIVE.

THE PAROLEE SHOULD INFORM THE PAROLE DIVISION REPRESENTATIVE THAT HE/SHE HAS BEEN ADVISED NOT TO DISCUSS THE FACTS OF HIS./HER CASE, OR WAIVE ANY OF HIS/HER CONSTITUTIONAL RIGHTS THAT ARE IN ANY WAY RELATED TO THE REVOCATION PROCESS

The parolee should immediately advise the parole division representative that he/she wants both the preliminary hearing and the final revocation hearing to which he/she is entitled under the 14th Amendment of the United States Constitution, as set forth in Morrissey v. Brewer, 92 S.Ct. 2593 (1972).

Under the 14th Amendment, Morrissey v. Brewer, 92 S.Ct. 2593 (1972) and Gagnon v. Scarpelli, 93 S.Ct. 1756 (1973), a parolee facing revocation is entitled to:

1. Written notice of the alleged violation(s).

2. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.

3. Disclosure of the evidence against the parollee.

4. Written notice of the alleged violation(s).

5. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.

6. Disclosure of the evidence against the parolee.

7. The opportunity to be heard, including the opportunity to present witnesses and documentary evidence.

8. The opportunity to confront and cross-examine witnesses (unless there is a specific finding of good cause to deny such confrontation);

9. A neutral and detached body to hear the evidence

10. A written statement by the factfinders as to the evidence relied upon for any revocation decision

The parolee also has a limited right to counsel. Whether a parolee is entitled to counsel in a specific instance is decided on a case-by-case basis. Factor considered when determining whether a parolee is entitled to counsel include whether the parolee is claiming that he/she is not guilty of the allegations, or whether the adjustment phase of the case is complicated enough to justify assistance. See Gagnon v. Scarpelli, 93 S.Ct. 1756 (1973)

During normal business hours, which are Monday-Friday, 9:30 a.m. to 4:30 p.m., this office will accept collect telephone calls from incarcerated persons for the purpose of discussing employment.

For those individual calling from out of state, we suggest our toll free number (888) 9HABERN.

If you would like more information on Parole Representation, we invite you to click on the following link and submit a request form to our office.
http://www.paroletexas.com/paroleform.htm

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that was some good info.. thanks for sharing..