10-27-2009, 04:07 PM
I was wondering if my husband writes a letter to his po for his blue warrant to be lifted since he doing almost 4 months and all that was left from when he was arrest was 3 months- his release date was oct 5.
I dont know i was just wondering if anyone has some this
the po hasn't gone to talk to him about his situation- hasn't even being advise that he on hold till his new case if final- if he didnt have to me to let him know he would be wondering about it
10-28-2009, 05:53 PM
I have absolutely no idea! I don't see how it might hurt but as far as the "legal" process, I'm sure someone will be along to offer their knowledge!
10-29-2009, 08:19 AM
do the PO have had to gone to see and talk with about his case???
10-29-2009, 10:10 AM
When your husband was arrested the time on his old sentence stopped. He is not earning time towards the old sentence. This time will count towards his new sentence if he gets one. The blue warrant can't and won't be lifted until your husband's new case if finished. His PO will go and talk to him once that is done.
I know this information to be fact because I just lived through it. Now my husband got VERY lucky and got the 8 months in county counted towards his new and old sentence but I personally think that's only because he was sentenced 2 additional years. Your husband may get lucky too since he only had 3 months left.
When does your husband go to court for his new case?
10-30-2009, 08:52 AM
well it has being rescheduled every wk since Aug. right now his nxt date is Nov 5.
11-10-2009, 09:39 AM
Hi, I've been in this situation with my husband!!!! You can have people write recomindation letters and send them to the Parole Board yourself or even to him in jail so he will have them when they do come to see him... The problem is Parole is prob. waiting on his sentence in this new case before thy decide to reinstate or violate its very possible that they reinstate and jus let it run out while he is in jail if they reinstate it could take a few months to get the papers telling him he was reinstated..... Hope this helps and hang in there things usually get worse before they get better!!!!!!!!
11-10-2009, 11:10 AM
i'm sure- well now we have to let the attorney sign off and get a court appointed attorney the attorney is asking for more $ but neither myself or his parents can provide at the moment- so we have to wait to see what happens
11-10-2009, 04:29 PM
If he is locked up under a blue warrant then his time will count forward to his old sentence. Time towards the sentence does not stop while locked up for it. What stops is street time when the warrant goes out and that is used to figure how long the person will do if parole is revoked. TDC cannot simply hold someone and not apply that time to a sentence. It has to count either as street time or sentence time. It cannot be time lost in limbo and if it happens then I think someone simply got screwed.
A blue warrant can be lifted as long as the revocation hearing has not been set. For your reading pleasure from the Texas Government Code ...
Sec. 508.256. WITHDRAWAL OF WARRANT. At any time before setting a revocation hearing date under Section 508.282, the division may withdraw a warrant and continue supervision of a releasee.
In fact, the parole division can lift the warrant and allow release without having decided on the revocation. Yes, they can release the guy and let him remain free under summons to later appear at his revocation hearing.
However, that is not to say that they will lift the warrant and it takes more than just the PO deciding it. It takes someone of certain rank to approve withdrawl of the warrant and the person approving the withdrawl cannot be the same person that requests it so it always takes at least two people on board to agree and that might be hard enough to accomplish.
I suspect the real reason they will wait until after the new case is resolved is because if he is convicted then they can revoke his parole without a hearing. What is stupid in his case is that his sentence will either have expired already or will expire in a very short amount of time even if it hasn't (I think it has).
Just because I like to read and share at the same time, here is q little bit more reading on the subject. Parole division policy 4.2.2 Warrant Cancellation/Return to Supervision (http://www.tdcj.state.tx.us/policy/parole/4.2.2_parole_policy.pdf) confirms that a warrant can be cancelled and to allow an offender to discharge is one of the specific reason listed as a reason but it also raises the level of authority of the person who must approve the withdrawl. I'll paste that part in below but I can see why the lower echelon of parole division employee, such as a PO, might have a hard time filing the request for withdrawl since their request would come under the scrutiny of some higher-upper that is perhaps outside of their daily work contact.
I. GENERAL POLICY
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.
A. Approval Authority
1. The following staff of the Parole Division may approve the withdrawal of a Parole Division warrant:
Deputy Division Directors
Assistant Section Directors
Assistant Regional Directors
Warrants Section Senior Program Administrators
09/12/07 PD/POP-4.2.2 Page 2 of 5
Warrants Section Program Administrators
Regional Jail Coordinators
2. An Approval Authority cannot approve his own withdrawal request.
B. Rationale for Canceling a Pre-Revocation Warrant
A Request for Cancellation may be submitted at any time prior to the arrest of an offender provided that a revocation hearing has not been scheduled. Factors to consider when submitting a Warrant Cancellation (PSV_0701) are:
1. Death of an offender;
2. Documentation of terminal illness or significant medical complications;
3. Receipt of official information that indicates the criminal charges will not be pursued or adjudicated;
4. Receipt of information indicating rule compliance;
5. Alternate course of action to address alleged conduct; or
6. Documented request from a governmental entity (e.g., Sheriff, District Attorney, Police Department);
7. **Allowing the offender to discharge parole or mandatory supervision.
**Note: A warrant shall not be cancelled to allow an offender to discharge unless the Approval Authority is the Parole Division Director or a Parole Division Deputy Director, Section Director, or Regional Director. A Regional Director may not designate an Assistant
Ok, sometimes I just have to pick a place and stop or I'l jabber on al night. Before I go, here are a couple of other links with information about revocation procedure.
Processing Violations of the Rules and Conditions of Release (http://www.tdcj.state.tx.us/policy/parole/4.1.1_parole_policy.pdf)
Pre-Hearing and Hearing Process (http://www.tdcj.state.tx.us/policy/parole/4.2.1_parole_policy.pdf)
11-11-2009, 08:25 AM
Royce thank you so much- that information was so helpful-
talked to the attorney yesterday and he going to go to court and see if maybe they can lower- he'll be working on the case with no problems- yeay!! will be trying to bring home soon we hope or get a lower sentence-
we feel better with the fact that he went to talk to my husband finally and settle the situation of what to do- i dont have to do anything but be support to him when he goes to court.
11-13-2009, 02:06 PM
Just wanted to wish y'all luck...