View Full Version : Need the correct Information regarding a Blue Warrant


tqwhite
12-03-2008, 09:56 PM
My husband is currently in jail on a blue warrant for assault family viloence. The person that accused him of this crime signed and affadavit stating "this never happened with the parole office". He is still in jail. No case has been filed. Let me give you his history: He went to prison for murder on a 20 year sentence in 1989. He did 14 yrs in TDC. He's been out for 5yrs & 3 months. He has a evading arrest case w/gun in car that's pending(bonded out but has not been charged with weapon)only evading arrest. My questions and what I need help with the following: 1. If he pleads on the evading arrest will parole take his street time. If not what Parole RULE or law states"this can be done or not be done". 2.He has been in jail for a month for going to jail for the assault (that has never been filed) is there anything we can do to get the blue warrant lifted?
He has never been charged so, How can we get it lifted with no charges being filed?

It's All New
12-03-2008, 10:37 PM
There may be others here on PTO that can reply to your query, but in my opinion, I think it would be best to consult a good attorney. By what you described, the situation could get complicated.

karen
12-04-2008, 12:48 AM
Welcome to PTO!

Regarding blue warrants. Blue warrants are issued (I think this is right) by the parole board. What it basically doing is suspending a person's parole while the parole board investigates a situation to see if a violation has occurred and whether the board needs to recind parole priviledges or take other steps (such as sending the parolee to ISF) etc.

To begin with, when a person who is on parole does anything that VIOLATES the terms of his parole, then the parole office has the discretion to request a blue warrant be issued. A person doesn't have to be charged with a new crime. The parole board can issue a blue warrant if it is found that the parolee violated even just one of the terms of their parole. But in your husband's case the fact that he has been charged with evading arrest would be a violation of the terms of his parole.

If your husband is sent back to TDCJ on a parole violation (and it doesn't matter if it is with or with out additional charges) he will loose any good time that he had earned while in prison. (Which is going to effect his projected release date). I'm not too sure about the street time. Somewhere in the back of mind, I am thinking that if he has served over half of his remaining time and then get violated he gets to keep his street time. But I'm not for sure about that. I know my husband lost all of his street time when he went back to tdcj on a techincal parole violation (no additional charges) but he had not been out very long either.

As to whether you (I'm assuming via a judge) can get the blue warrant lifted, I am guessing the answer is no. The parole board doesn't just willy nilly issue blue warrants. The parole officer has to provide solid documentation that the parolee has violated the terms of his parole. The blue warrant isn't saying that parole baord is recinding his parole, it simply means that he has been taken into custody while the parole board investigates and holds a hearing to see if he should go back to prison or decide what should be done. They make it to where there is No Bond, because they don't want the parolee absconding.

You asked how ya'll can get the blue warrant lifted with no charges being filed. Remember the blue warrant deals with violations, not new charges.

I know this isn't what you were wanting to hear. And I am no expert, I'm just sharing what I have learned through my path down this road. I hope if I have given wrong info that someone will come along and correct me.

One more thing... tell your husband, "DO NOT REFUSE, his chance to have the parole hearing." That parole hearing is the only chance he will have to speak up for himself. If he decline the parole hearing then he is at the complete mercy of the parole officers and what they say. He won't be able to defend himself, nor will he be able to show the parole board that he isn't a contined threat to society and therefore must be locked up again.

Good luck and God bless,

Karen

RobinsMan
12-04-2008, 06:03 AM
I think that he will lose his street time, if revoked, because being able to keep street time after completing half of the parole period is not available to those that were not eligible for release to mandatory supervision.

As Karen said, he does not have to be charged with an offense for the parole board to use the information to revoke his parole. If they read a police report and see that it says he had a gun then he had a gun, regardless of whether the DA decides to charge him with a crime for it. There is no burden of proof to which the parole board must adhere other than their own belief given the evidence or allegation.

karen
12-04-2008, 10:25 AM
There is no burden of proof to which the parole board must adhere other than their own belief given the evidence or allegation.

Okay this may be off topic a little, but this is example of what I was saying in my "time for change" thread. :angry: The way the parole board is ran reminds me of the old communistic Russia! There needs to be full disclosure and accountablity within the workings of parole!!!!

RobinsMan
12-04-2008, 11:47 AM
It is little different than what a judge does when he considers a revocation of probation. Burden of proof is preponderance of evidence which simply means enough to convince someone and that "someone" is the judge who is the sole decision maker. Keep in mind that in either situation (probation or parole) someone is already past the due process point, having been convicted, and is free only at the pleasure of either the judge or the parole board.

ccsmom
12-04-2008, 01:01 PM
I know this may be off topic but the parole offices need to be reformed. The blue warrant that was issued for my daughter had bogus charges. If she would have given up her right to a hearing she woould have been screwed. I cannot thank Karengrovo enough. She has been given the run around since she was released. Tomorrow will be three days in a row to go to report. They need to have some accountability.

tqwhite
12-04-2008, 07:37 PM
I just want to Thank everyone that has replied to utter call for Help!
My husband has been my life line for 5 yrs now and I'm going crazy trying to get the correct information for him.

karen
12-07-2008, 09:46 PM
It is little different than what a judge does when he considers a revocation of probation. Burden of proof is preponderance of evidence which simply means enough to convince someone and that "someone" is the judge who is the sole decision maker. Keep in mind that in either situation (probation or parole) someone is already past the due process point, having been convicted, and is free only at the pleasure of either the judge or the parole board.

Does that come into play when the parole board is examing his TDCJ case information during the parole review/hearing? My complaint isn't in regards to any court documentation (that comes from the county records). But documentation regarding an inmates adaptation to TDCJ (ie major and minor cases) which can have a huge impact on whether an inmate is granted a favorable vote for parole. I am referencing the documentation that has been placed in the file by TDCJ that does not have to be disclosed. This is information that can be used as grounds for denial and yet, the inmate isn't allowed to view what is in there, therefore he is unable to check for accuracy.

I don't know... that's why I'm asking. State law dictates as to when an inmate is eligible for parole. Is the process of a parole review/hearing one where "due process" should be honored? If it is, then shouldn't there be full disclosure of evidence/information so that the inmate could refute or rebut any eronous information that might be presented against him that could have bearing on the outcome of the hearing/review?

Sorry, I know I'm getting this way off topic of the orginal question of a blue warrant.

Taking this conversation back to "blue warrants"; when a person gets a blue warrant the PO has to provide them a copy of all the documentation of the "violations". If they don't then get a power of attorney signed and you the family member go down and request copies of it. What frustrated us during that parole revocation experience is that the PO sure wasn't presenting any thing positive to the hearing officer. So if the person has completed classes or never tested dirty for a UA or whatever else that is "plus" go down and request a copy. Don't be surprised if the PO balks and tries to put you off. If they do, take it to the supervisor and explain why you want it. But remember you have to have that power of attorney to show that you do have the right to access the person's info.

Karen

Karen