View Full Version : How long will this revocation process take?


jenpo48
02-08-2010, 12:40 PM
My man was arrested Friday night on a blue warrant, he is in the Ft. Bend Co. Jail (Texas). He quit reporting about 2 years ago because they switched parole officers on him, and he got a bitch that threatened to throw him in jail the 2nd time he saw her. Everything up until the new PO was going perfectly. The old PO never had a bad report or a bad thing to say about him. Now he's in county jail. Does anyone know how long this is going to take. Will he get out? Will they revoke him and send him to prison? He has told me that he is already passed his "shortway discharge" (?) Has done over 85% of his time, and he hasn't gotten into any trouble since being on the run. He's never gotten another charge on him ever. He was arrested when we got pulled over for speeding (he should have known better)! If anyone has any answers, please help me figure this out.

VA PO
02-08-2010, 02:25 PM
First of all, I think it is inappropriate to say "he got a bitch that threatened to throw him in jail the 2nd time he saw her". This makes me wonder if you really want an honest answer, if you only want to hear what you want to hear. My first question is how is it that you know that everything was great with the old PO? If you are relying only on what he is telling you, then you are getting a skewed report, and one that probably cannot be trusted. There are two sides to this story, and we are only getting one.

Now, you are asking us to hazard a guess as to what he will get. Based on what you have provided, we cannot give you an answer. You really didn't supply much information to go on, and I suspect what information was provided is mostly jaded. That being said, absconding is one of the most serious violations.

jenpo48
02-08-2010, 03:16 PM
I sincerely apologize for the inappropriate remarks. I am just so tired of having to deal with this stuff. I do know what was going on with his parole officers, I go with him as much as I can, and he really did have a great PO for a while, I make it my business to know because I know how he (my husband) likes to "embelish" the truth from time to time. Anyway, he was arrested in 1985 for manufacturing methamphetamine. He got a 15 year sentence and was paroled after 2 years. He has been revoked in the past for violating conditions of parole. In late 2000 he had a few months left on parole and was violated/arrested (again) this time for a dirty UA and they took his street time away from him, gave him a new date of March 2012. He got out on parole, had the really good PO, passed every UA they gave him, had all his paperwork in order. He got the new PO, he had missed a few of his classes and was calling her to reschedule a visit and she told him he might as well be ready to go to jail when he came in. Okay, so he quit reporting, this was around April 2008 and just last week finally got caught. No new charges. He only has to one felony on his record, he has several traffic violations, driving with a suspended license, that was what he went back for the few times he's gone back to prison for this. He's been to ISF and in a rehab unit/program at the Kyle unit (that was the last time, at Kyle). I am wondering, how long will it take for him to go before the board for the revocation hearing, and what the outcome may be. i know there is no definite answer out there, I just want an educated guess maybe. He seems to think he wont go back to TDC because he has passed his short way discharge date (?) i don't understand what that means.

jenpo48
02-08-2010, 03:35 PM
About the "bitch" remark. We've gone through several po's over the years sometimes you get a good po who cares about you and tries to help you stay out of prison, and sometimes (more often than not) you get these po's who would just as well see you in prison than have to deal with you and try and help you because of the heavy caseloads they have in harris co. I'[m sure they are tired with dealing with all of the screw ups, but I think you need to deal with these people as individuals not numbers.

VA PO
02-08-2010, 07:04 PM
So we have at least one parole violation in his past. Additionally, he did not abide by the terms of supervision, by skipping out on whatever classes he was instructed to complete. It sounds to me like me hight be looking at getting all of his time back. He has been less that stellar on parole. He must go before the board within a 'reasonable' amount of time. There is no set definition for 'reasonable'.

I agree that you need to deal with people as individuals. However, let me ask you this. If I am to treat your husband as an individual, what does this individual present to me as a PO? He's a parolee with a history of parole violations and positive UA's. Now he's missing classes, and, to top it off, absconding. How much slack to you suppose the PO should give him? Not much is the correct answer. PO's have a pretty good idea of what time of offender we'll have on our hands, as we have access to the case file. I start out by giving everyone a clean slate, even after they have had a parole violation. However, when I see the pattern developing again, all bets are off, and you will not get the benefit of the doubt. Please be careful with your generalizations about PO's, their behaviors, caseloads, etc. You would be upset if I generalized all offenders, right? We did not get into this business due just simply lock people up. You can survive in our world if that's all you want to do.

Igor Louis
02-09-2010, 12:48 AM
One of the best conversations I had was with a guy at the honor farm one time. He felt that we got a monetary sum (he stated $20) for every Offender we sent back to DOC on violations. I laughed and said, "If we were getting any amount of money, do you think you'd be safe in your home? Hell, as underpaid as we are, if I got money for a violation, I'd be kicking doors into homes as I shouted out 'I HEAR MOVEMENT INSIDE!!!!'"

jenpo48
02-09-2010, 10:08 AM
But he also has a history of doing exactly what is expected of him, and passing many many ua's. He has been doing this since 1985. He would present to you, as a PO, that he can hold down a job, find a decent place to live, pay his fees, go to his classes, and pass several ua's. Does any of that even matter? Or do you just see he failed a ua and missed a class, throw him back in jail. Because that' what the new PO did.

Texas jails are so overcrowded, sometimes you feel like they treat them cattle. And then you see parolees who really screw up time after time, catching new cases and barely get a slap on the wrist, released within a month or two.

I still don't understand what the shortway discharge date is? Will it have an affect on the outcome of this? Does he have a right to free counsel, a court appointed attorney? Since we can't afford one. And what if an attorney would benefit him and he would come out of this with a positive outcome. It doesn't seem fair that if he doesn't have representation, and gets the max. I know, too many what ifs and buts. I guess I just need to do what they'll probably do to him, kick him to the curb and not worry about him any more.

VA PO
02-09-2010, 03:32 PM
Yes, it is good that he did do some things right. However, it is hard for me to evaluate the negative v. positive in this specific case, not knowing how many previous violations there were, what they were for each time, and what sanctions were given prior ot the actual violation. But no, I don't just put someone in jail for a missed class and one dirty UA. I don't know many PO's that would, either, so I wonder if there was more that you simply don't know about.

I've never heard of a shortway discharge.

In VA, he could have an attorney appointed, or he could hire one. It would be up to the hearing officer to determine if one should be appointed. I have never heard of an attorney being involved in a parole violation. I've been doing this a while,a nd have been involved in countless parole violations, and have never encounted this. I see who get all the paperwork, and have never seen an attorney copied on anything. But it is conceivable that he could get one.

Onaicult
02-09-2010, 03:45 PM
my husband absconded (that's what they call it in TX, when you skip out on probation or parole) from probation for 2 years. that really doesn't make them happy in TX. my husband was sentenced to a year state jail time - no prior arrests or anything.
Based on the history in this case, I'd say he will likely get revoked-maybe for the remainder of his sentence, maybe less time. But the odds of them reinstating parole/probation, on an absconsion in TX, are pretty much 0. Especially if he doesn't max out until 2012.

oh, and they don't care about you holding down a job, haven't had an arrest in x # of years, paying taxes, child support, or anything. Everytime our lawyer tried to bring that up, the judges response was "unless he was dead or in a coma, I don't care what he was doing" the only thing we could haggle about was the amount of time that he would do :/

Onaicult
02-09-2010, 03:54 PM
shortway discharge is usually when their accumulated flat + good/work time equals the entire sentence date.
for offenses prior to 1996 - this is a mandatory release on that date, but now in TX I believe you still have to go before the parole board if the offense is after 1996.

jenpo48
02-09-2010, 04:27 PM
shortway discharge is usually when their accumulated flat + good/work time equals the entire sentence date.
for offenses prior to 1996 - this is a mandatory release on that date, but now in TX I believe you still have to go before the parole board if the offense is after 1996.

He's under the old laws. His original an only felony charge/arrest was in 1985. He told me that when he finally did get caught that they couldnt send him back to TDC because he already has passed his shortway discharge date. But they do what they want with you, personally i just think it depends on their mood for that day. Its his own fault, I just hate having to go through this crap again. :(

Onaicult
02-09-2010, 05:07 PM
He's under the old laws. His original an only felony charge/arrest was in 1985. He told me that when he finally did get caught that they couldnt send him back to TDC because he already has passed his shortway discharge date. But they do what they want with you, personally i just think it depends on their mood for that day. Its his own fault, I just hate having to go through this crap again. :(

Well, I noticed in your other post you said "In late 2000 he had a few months left on parole and was violated/arrested (again) this time for a dirty UA and they took his street time away from him, gave him a new date of March 2012"
Did he pick up a new charge, or did they just revoke his street time? If he picked up a new charge in 2000 - then he is not under the old laws anymore. Regardless, I believe there is probably a good chance they may take some or all of his street time back :( Sorry.
You're exactly right though - in TX, they do what they want. Big thumbs down. Only one republican judge retained their seat during the last election though- the rest are new judges/democrats who statistically are a little more lenient....so that may be in his favor actually.

jenpo48
02-10-2010, 08:29 AM
No, he's never gotten another charge, 1 felony in '85. He's had a couple tech. violations, that one was I think for a couple dirty ua's (only marijuana, like that matters, still dirty though not back to back). But he was arrested a few times for driving with a suspende license, and they had violated him in the past for that too. I wonder if they will just take his street time (again) and let him go, will they make him do some time? He hasn't called anyone so we (the family) have no idea what is going on, it's driving me nuts!!!