View Full Version : Revocation Hearing or Warrant Withdrawl Without Arrest?


IGotTheMemo
03-11-2009, 01:49 AM
Does anyone have experience or know where to find documentation to support the possibility of resolving a parole violation (absconding without a new charge) without the execution of a blue warrant?

According to my boyfriend's parole officer, a blue warrant has been issued for his failure to make his office visits. He called her a few days ago to discuss what he can do to get himself back on the right foot with the parole division. She advised him that the he has to get himself arrested if he wants to make any progress toward resolution and that she has no control over his warrant status.

Can anything be done to improve his status as a parolee that doesn't include or require his arrest?

Any help is much appreciated.

GraysonMom
03-11-2009, 02:14 AM
I'm sorry I can't be of much help on the arrest issue. If he would've talked to his PO prior to the blue warrant...it probably would've help. How many visits to his PO was missed? I think he'll have to turn himself in and go to jail. I don't think he can post bond because of the Blue Warrant. He's also entitled to a hearing once he's charged and should not waive his rights to one. Here is a link, hope this helps and God bless as always. I'll search for more links as well.

http://www.prisontalk.com/forums/showthread.php?p=4377090&highlight=Blue+Warrant#post4377090

Here is another Link: http://www.prisontalk.com/forums/showthread.php?t=377693&highlight=Blue+Warrant

Here's a synposis of the Revocation Process if it occurs. I don't mean to bombard you with links..God bless as always.

RobinsMan
03-11-2009, 12:28 PM
It is possible for the board to rescind the warrant but I think that, at this point (and especially for absconding) it is just as his PO adivsed which is the only way for it to be resolved is for him to be taken into custody which will allow the revocation process to being. He should turn himself in to provide at least some little bit of an indication that he might not run again. He should not waive his revocation hearing and then take the opportunity there to say something to the board to try to further convince them that he will report as required and abide by the terms of his parole. His parole may be revoked or he can get up to 6 months in an Intermediate Sanction Facility before being returned to parole. They may even reinstate his parole though I suspect they take absconding too seriously to let it slide comlpetely.

IGotTheMemo
03-11-2009, 01:23 PM
Thanks to both of you for your input. I sincerely respect your opinions.

I have been through the revocation process in the past, including the disposition of new charges, so I know what to expect after a blue warrant is executed. My bf has less than a year left on paper and is considering just trying to keep his nose clean and let his time run out. What I am trying to do is get him back in good standing while avoiding the execution of that blue warrant. (BTW, is there any way to confirm the issuance and details of a blue warrant other than through his PO?)

What I am hung up on is the concept of a "preliminary hearing" in combination with the 8/22/08 revision of Parole In Texas, published by the board of pardons and paroles, which states When appropriate [...] with [...] no new criminal charges, the parole division may withdraw its warrant and continue supervision of the offender, possibly with new sanctions such as increased supervision.Who is the person (I mean what is the persons position/office/title) with the parole division who has the authority, pre-arrest, to withdraw the warrant?

By it's definition, the preliminary hearing is held to determine whether or not there are even grounds for the revocation hearing, which suggests at least a hint of "innocent until proven guilty" in these situations.

There should at least be some way to get the ball rolling toward a preliminary hearing without first being taken into custody. (Especially, if the parolee is able to include a nice, plump payment against his fees with his request for consideration, I would think...?)

Basically, I'm looking for an unconventional approach and I think I have it... I just don't know who to approach.

RobinsMan
03-11-2009, 01:38 PM
His only point of contact is his PO. There is a hearing section in the parole division but I do not know how to contact them other than to just pick up the phone and start dialing parole division numbers and asking questions. I have never heard of any part of the revocation process going forward until someone was in custody and that includes the preliminary hearing. Actually, I don't think he is elgible for a preliminary hearing if he is charged only with an administrative violation of his parole -which is true in his case. Arrest is the first action taken and all else follows after. Reading the Government Code statue establishing deadlines for hearing it refers back to when the person was arrested or returned to the custody of TDCJ. Arrest is what he must always expect if he gives them reason to revoke his parole. If he has failed to report then there is no question about grounds for revocation.

Mark2008
03-11-2009, 08:51 PM
The parole division requests the warrant and the board authorizes it, so they are the ones who would withdraw it. But why would they?

Once the warrant is issued, the time for smooth talking one's way out of trouble is past. It's not going to just go away. Best bet now is to put up a good argument at a hearing and convince them to either reinstate parole or send him to an ISF for a few months.

IGotTheMemo
03-11-2009, 11:33 PM
The parole division requests the warrant and the board authorizes it, so they are the ones who would withdraw it. But why would they?



Maybe because Dallas County facilities is way overcrowded? Maybe to save themselves one or two pages of papework?

There is something to be said for looking on the bright side.

gert223
03-21-2009, 02:04 AM
I realize this may be too late for you but this might be helpful, it describes procedures and grounds for having a warrant withdrawn/cancelled prior to execution. One of the grounds discussed is "alternative course of action to redress conduct" .... maybe that will be of some help to you. if there's any possible way of doing it before he's arrested, I would definitely try.
http://www.tdcj.state.tx.us/policy/parole/4.2.2_parole_policy.pdf

SUBJECT: WARRANT CANCELLATION/RETURN TO SUPERVISION

...Texas Government Code 508.256, in part, provides that at any time before the setting of a revocation hearing, the division may withdraw a warrant and continue supervision of an offender. If the division elects to withdraw a warrant prior to the warrant being executed, the division shall CANCEL the warrant. If the division chooses to withdraw the warrant after the warrant is executed and prior to a revocation hearing being scheduled, then the offender shall Return to Supervision – Parole Division Action. If the warrant is withdrawn as a result of a Board Action, the offender shall Return to Supervision – Board Action.

Mark2008
03-21-2009, 08:53 AM
Yes, the parole division can withdraw the warrant and return the offender to supervision... basically, back to square one.

Now, in the case of the original poster, the guy apparently just stopped showing up for scheduled appointments and absconded. So of course a warrant is going to be issued. If it wasn't the officer isn't doing his/her job very well.

Depending how long the guy was MIA, they might reinstate the parole with a slap on the wrist, or send him to an ISF instead of back to TDCJ. I would think they would at least want him to sit in county jail for 45 days or so while the process plays out. Anything less and it sends the message that one can just take off whenever you want.

Heck, I've heard of guys getting revoked and sent back to TDCJ just for being LATE to a PO meeting.

scaredwife
03-27-2009, 07:51 PM
((My bf has less than a year left on paper and is considering just trying to keep his nose clean and let his time run out.))
I think since a blue warrant has been issued his time will not run out, it stops. He'll have to face it eventually.

Tracy
03-30-2009, 04:22 AM
I have been following your posts... and wondering how it is going? My son had his probation revoked for not reporting, but it didn't involve parole so I am of no help on that. It seems you had some great answers.

Just curious as to how it is working out and I hope all is ok. Please update us when you can.

All the best.

IGotTheMemo
05-01-2009, 04:32 PM
I realize this may be too late for you but this might be helpful, it describes procedures and grounds for having a warrant withdrawn/cancelled prior to execution. One of the grounds discussed is "alternative course of action to redress conduct" .... maybe that will be of some help to you. if there's any possible way of doing it before he's arrested, I would definitely try.[...]

SUBJECT: WARRANT CANCELLATION/RETURN TO SUPERVISION

...Texas Government Code 508.256, in part, provides that at any time before the setting of a revocation hearing, the division may withdraw a warrant and continue supervision of an offender. If the division elects to withdraw a warrant prior to the warrant being executed, the division shall CANCEL the warrant. If the division chooses to withdraw the warrant after the warrant is executed and prior to a revocation hearing being scheduled, then the offender shall Return to Supervision Parole Division Action. If the warrant is withdrawn as a result of a Board Action, the offender shall Return to Supervision Board Action.


That is exactly the code I was citing earlier. I was hopeful, because my boyfriend had been in contact with his PO in attempt to get himself right with his parole that his officer could be swayed. But hoping did no good and he was arrested near the end of March...

Just curious as to how it is working out and I hope all is ok. Please update us when you can.

The process, after his arrest, was way easier than I expected. He was quickly interviewed by parole and scheduled for a revocation hearing that was held 21 days after his arrest. The hearing supervisor found him (although he pled guilty) not guilty of absconding (based upon his communication with his PO and desire to get right) and returned him to supervision. He was released the very next day before noon. Only 22 days total in Dallas County.

He's got a new issue with parole now. I'm going to wait to have a better understanding of the problem and his/our options and I'll probably post a new thread.

Thank you so much to everyone who chimed in to help. I appreciate everything.

mamajmg
05-01-2009, 06:47 PM
That's wonderful news!!! Thanks for the update.

GraysonMom
05-01-2009, 06:54 PM
:) Congratulatons, this is indeed good news. Please keep us posted on the new issue and Blessings as always.

Tracy
05-02-2009, 04:20 AM
Thanks for the update...that sounds like good news!

All the best to you.