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  #1  
Old 11-22-2008, 01:16 AM
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Question Parole Violation - What happens now?

My BF was arrested on the 13th of this month due to a warrant (no clue what color of warrant) being issued for his arrest for parole violation. He received a two year sentence for possession of a controlled substance for 1 gram of Meth. His sentence began the end of July 2007 and remained in a Dallas County Jail Facility until the first part of September 2007 in which he was transferred to a TDCJ facility. He was granted parole on November 15, 2007.

I don't recall all the rules he was required to follow other than meeting with his PO once a month and attending 2 or 3 NA meetings per week. I'm not even sure how long he was ordered to meet with his PO but I believe it was sometime back in June 2008, for whatever reason, he stopped showing up for his appointments. I guess it's a good thing for him that I don't cook with a cast iron skillet!

Anyway, my question is there someone that can help me locate what the actual process/steps might be that he will be going through since he has been arrested (did not catch any new cases, thank the Lord!) so I can keep track of what's going on, what I need to be doing, etc.? He mentioned something about not being able to even see the judge for at least 3 weeks.

Oh, and guess what? He and I had already been discussing just a couple of days before this happened about the option of turning himself in hoping it would show his PO a sign of good faith and maybe help him out a little bit!!!

Maybe I should go ahead and invest in a good cast iron skillet. Just in case he lucks out and gets to come home and not have to end up serving the rest of his sentence.

Any and all suggestions and/or advice is much appreciated.

Wendy Peek ~ Dallas, Texas
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  #2  
Old 11-22-2008, 07:32 AM
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I think that, under normal conditions and in his case, they have 41 days from the time of his arrest to hold a hearing and determine what to do. I do not think there will be a preliminary hearing since he is accused of a technical vioalation of his parole and not a new offense. I think that it is possible for him to request a continuance as long as it doesn't cause the hearing to move out more than 15 days after the 41 day deadline. They can reinstate his parole, reinstate it and modify the conditions, revoke his parole and send him to an Intermediate Sanction Facility (for up to 180 days, I think) or revoke his parole and send him back to prison to continue serving his sentence.
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Old 11-22-2008, 05:56 PM
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Robinsman,
What happens if they go past the 41 days for the hearing (hypathetically)?

Is he going to need representation or is this just between what the PO and judge decide for him?

What's an Intermediate Sanction Facility? Would that be a halfway house of some sort?

Is there anything I can do on my end to help him not get sent back to serve his sentence? Would a support letter help? If it will, would I send it to his PO or to the Parole Board in Austin?

Thank you so much for taking the time to help me out. I truly appreciate it.

Wendy
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Old 11-23-2008, 03:18 AM
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he should be having a revocation hearing...from there the parole board will decide what they will do, the process will take a 1-2 months with the hearing and and the decision from the board...call tdc and ask when his revocation hearing will be

you can get a parole lawyer if you can afford one...i had one for my woman and it cost $1500 for the one hearing...thats all it will be one hearing and from there the decision takes about 2-4 weeks from the parole board

since he still had parole left but didnt commit any crimes hopefully the board will decide to reinstate him on parole but probably under stiffer rules
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Old 11-23-2008, 08:38 AM
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I have no idea what happens if they go over 41 days but I figure the parole board won't be policing themselves if they do. He can hire an attorney for representation if he wants to and can afford it. I have heard of cases where having an attorney seemed to make a difference but I cannot say it will help. An Intermediate Sanction Facility is a lockup that isn't a regular prison that serves as a short term punishment for parole violators. You can send a letter of support but I am not sure where to send it. Here are links to two pages onthe BPP site. One is a page of contact information for the various hearing operations centers and the other is a page of general information about the revocations process that hsa better answers than I can give. I think I would start by calling the one of the hearing centers that seems likely to be involved with his case.

http://www.tdcj.state.tx.us/bpp/ho_locations/ho_locations.html

http://www.tdcj.state.tx.us/bpp/revocation/revocation.html
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Old 11-23-2008, 09:25 AM
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Hi Wendy, My husband is on parole in Harris Co. He had been on parole for a little over three mos. (with 11 mo. remaining at that time on his two-year sentence), when he was arrested. The arrest was based on a false accusation resulting from a squabble between his sisters, in which he peacefully intervened. So it was not a technical violation, but rather a new charge (even though the DA dropped the charge because it was clear to the DA that it was a family power drama to have him arrested, the parole office still arrested him to determine what had happened and if he had indeed broken the law). So he was arrested Sept. 5 and waited until Oct. 8 for the hearing. It was a preliminary hearing. I hired the best council I could locate. It was the Habern, O'Neil, Pawgan firm, recommended by a member of this forum who has vast inside knowledge of TDCJ (CenTexLyn is her username). Scott Pawgan represented my husband, and did a stellar job. Had my husband gone with lesser representation, I feel certain he could have gone to ISF or prison, because the hearings work very differently from any courtroom situation. I feel that it is essential to have good representation. Mr. Pawgan called my husband's family members who were witnesses, and even the accusing sister, to the stand. My husband was reinstated based on a lack of evidence. It took 13 days from the time of the hearing to the day he was released from jail, so the total time he spent in jail on this false accusation was about 6 weeks.

I realize that absconding is looked upon much more severely than many other technical violations, because the whole reason my husband went to prison in the first place is that he avoided his probation officer. So I recommend you talk to effective counsel, and from my experience, I highly recommend Scott Pawgan.
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Old 12-02-2008, 04:23 PM
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Default Questions about a little more info on BF

Ok I found out that my BF only had to report to a parole officer for 1 year after his release, which was November 16, 2007. Again, I don't remember exactly when he stopped reporting to his PO but I think it was sometime in June 2008. I also find out that a "blue warrant" was issued for his arrest in July 2008.

So, if they go by when the warrant was issued he would have completed 7 months out of his required year. I thought I had read somewhere that if the offender had completed more than half of his required time to report then they will be less likely to revoke his parole and make him serve the remainder of his sentence. Is this correct? The only part of his parole he actually violated was not reporting in and paying his fines. He did not catch another case when he was taken into custody.

I found the Certificate of Parole letter from the Pardons and Parole Division and at the bottom it states "If parole is satisfactorily completed, maximum expiration date will be 12/13/08. If his parole technically ends on 12/13 won't they be required to release him? I was able to find out that a "Pre Rev" officer has been assigned to him and what his name is. I'm assuming "Rev" stands for Revocation and not Review.

Is any of this making any sense to anybody, cause I sure don't understand what the heck is going on?
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Old 12-02-2008, 08:55 PM
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I recently went thru this. I don't know if this is the norm but can tell you what happened in our case. My daughter decided not to report for 2 months. They put a warrant our for her. She was stopped and decided to turn herself in. The revocation hearing was done within two weeks that see was in there. At her hearing there were only herself and two others. One was her po (from the office she reported to) and the other was from a third party. I was never told exactly who she was except to take notes and make a recommendation to the parole board. I was allowed to be there. They asked me some questions and what I wanted. When she was booked with in a few days they sent someone to have her sign some paperwork. Thankfully Karengravo told me to not have her give up her rights. IMO I am glad I did not hire an attorney. This is a informal hearing. To me it would have been a waste of money. My daughter waited a few weeks for an answer. She is being released some time this week. Good luck

Tina
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Old 12-02-2008, 11:04 PM
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Quote:
Originally Posted by ccsmom View Post
I recently went thru this. I don't know if this is the norm but can tell you what happened in our case. My daughter decided not to report for 2 months. They put a warrant our for her. She was stopped and decided to turn herself in. The revocation hearing was done within two weeks that see was in there. At her hearing there were only herself and two others. One was her po (from the office she reported to) and the other was from a third party. I was never told exactly who she was except to take notes and make a recommendation to the parole board. I was allowed to be there. They asked me some questions and what I wanted. When she was booked with in a few days they sent someone to have her sign some paperwork. Thankfully Karengravo told me to not have her give up her rights. IMO I am glad I did not hire an attorney. This is a informal hearing. To me it would have been a waste of money. My daughter waited a few weeks for an answer. She is being released some time this week. Good luck

Tina
CCSMOM,
It's almost the exact same senerio I'm going through with my BF. The paperwork that they had her sign when she was booked in, what kind of paperwork was it? What did it say? Also, how can I find out when his hearing is going to be so that I can attend? I'm pretty much all the family he has. He hasn't been told a word about anything.

Thanks for your response.

Wen
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Old 12-03-2008, 07:24 AM
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Assuming that he was eligible, he would be able to keep his street time once he completed half his parole period which should mean that they can only keep him until his maximum date, which was the date that his parole was set to expire. I do not know that completing half of his parole period necessairly means that they would be less likely to revoke him but, in his case, since he is so close to the end now then maybe they won't bother.
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Old 12-03-2008, 08:28 AM
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Absconding for any length of time is taken seriously, from what I have heard and seen. I've read from CenTexLyn that absconding is the technical violation that the parole board punishes most strictly, because it directly challenges their authority to supervise a person's life, which is the agreement that is entered when parole begins.
But Cc'smom's experience is different! I guess the parole board is again a mystery!
I wish you the best with this hearing. I remember the wait can sometimes be excruciating.
The paperwork is called a violation report. It tells the details of the alleged violation, and it has a section where the person can either waive the right to a preliminary hearing, or request a preliminary hearing. The request part is section D. and it says "I hereby request that a Preliminary hearing be held." Then there is a place for the releasee (that's the word they use on the form) to sign and a place for the witness (who is the parole officer who serves the releasee these papers in jail) to sign and a place for the parole officer to write the scheduled hearing date, time, and location.
Also there is a section called "Notice of Alleged Violations of Release" and this section informs the releasee which parole rule he/she broke. And what date the rule was broken, and where. The releasee signs the bottom of the page, which acknowledges that he/she has been notified of the allegations. Then below that there is a section in which the releasee may admit to the violation, if they choose to (the releasees who choose to waive their hearings must initial and check this section...but the releasees who do want hearings should not admit to violating, of course).
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Old 12-03-2008, 08:30 AM
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Wenpeek- the paperwork explained what she was being held on. What all of her parole violations she had committed. They went thru this really fast according to her. She wanted to read every detail but they continued to tell her just sign. She was not signing until they let her read the papers. After all the paperwork was signed it took a few days they notified her when her hearing was. She requested for me to be there. There were some classes and information they did not have. I had to provide that to them. If you are in Dallas County the hearings are normally at the George Allen Sr bldg. Well thats what we were told. If your not for sure whats going on I would suggest you call his po. I continued to bug them until someone answered my questions. If any more questions i'll check back later. Going to go get my daughter out of county.
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Old 12-03-2008, 08:31 AM
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This paperwork was served to my husband 4 days after he was taken into custody. There are rules for parole officers that regulate how much time they can hold a person in custody before serving these papers. But I don't remember offhand, although I think I heard that the parole officer generally serves the papers within 5 days post-arrest.
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Old 12-03-2008, 10:12 PM
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Default New Info on BF (again)

I spoke with his PO today and he said a hearing has not and will not be set. He owes $234.00, I'm assuming for the fines that were a part of his sentence, and if I could come up with $150.00 he would send in the cancellation of his warrant and he will be released within 3 days. He also said that he thought he had already sent in the cancellation for him but he would need to check. I called him back about 30 minutes later and he verified that in fact he had not sent it in.

So now I'm at the point where should I pay the $150 tomorrow and get him released (which will take 3 days) or do I let him sit it out until his parole officially expires on the 12th?

BF says by law they cannot hold him any longer than the 12th and said to save my money and he will sit it out.

But wait there's more! His PO also said there is a pending charge for him in the system. I played the typical dumb blonde act (yes, I'm a blonde and use it to my benefit when needed ) and acted like I was cluess as to what that might be.

When he was arrested the cops found some pills that my BF told them were tylenol but the cops said they knew for a fact that they were Ecstasy tabs. So I'm thinking this pending charge is the Irving PD is waiting for the results of these pills to come back before they can charge him.

That's when his PO said if I would come in and pay the $150 he would remove the charge and send in the warrant cancellation. Anybody's thoughts on that?
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Old 12-04-2008, 09:27 AM
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Assuming that he is eligible to keep his street time and given the dates for release on parole and issuance of the blue warrant, I would agree with your BF that come 12/13 his sentence will expire and he should be released. I don't really know what they can do if someone's sentence expires with them owing parole fees but it sounds like his eyes are set on 12/13 and doesn't care enough about doing the time until then to pay $150, much less $234, to get out and if that is the case then I'd say hold on to your money and let him worry about it after 12/13.
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Old 12-04-2008, 09:37 AM
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Quote:
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Assuming that he is eligible to keep his street time and given the dates for release on parole and issuance of the blue warrant, I would agree with your BF that come 12/13 his sentence will expire and he should be released. I don't really know what they can do if someone's sentence expires with them owing parole fees but it sounds like his eyes are set on 12/13 and doesn't care enough about doing the time until then to pay $150, much less $234, to get out and if that is the case then I'd say hold on to your money and let him worry about it after 12/13.

You're right and that's exactly what I'm going to do.

THANK YOU EVERYONE for all your advice and suggestions.

Every single one of you are angels in my book!

Wendy Peek ~ Dallas, Texas
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