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Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

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Old 02-05-2016, 06:48 AM
Cj'sbaby Cj'sbaby is offline
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Default Husband revoked for misdemeanor. Can I do anything or is it too late?

Husband was revoked on parole for misdemeanor assualt. His original sentence was for manufacturing he got 8 years served 3 1/2. When he left prison he was trustee status. He has never had another felony charge or any other assualt fam violence charge. He had been out o. Parole for almost 4 years. He never had a drug fail, late payment or missed parole meeting. The injury that occurred with this incident was my 15 yr old got cut behind his ear after he jumped on my husband during and argument we were having over budget. My husband did not hurt him intentionally and would never hurt any one of us. It is absolutely killing him as we are his life. CPS ruled out the allegation and did refer us to counceling which we accepted and attended as a family, couple, and individual basis. Basically because it all stemmed from and arguement. Anyway. When my husband was picked up and put in county it was almost both boys birthdays and Christmas and all he wanted was for them to have one and he knew they wouldnt if he was in jail. (He had moved up to crew supervisor at work but lost his job, rank and self esteem.) So desperate to provide for his kids he took PO advice and waived hearings and took year probation after pleading no contest. So now here we are devastated and lost. Our boys especially. This was the first time for them to have a normal family life ever. This was an isolated occurance that was blown out of proportion. Not to mention has took a big hit on our oldest son who is now blaming himself and having bouts of severe depression. And our youngest has developed anxiety and panic disorder. Here are his dates. 3/28/09 original offense date. Sentence date 1/11/10. Then 11/12/16 was his initial parole eligibility. 11/14/16 arrested on blue warrant. Projected release date 10/30/16. Sentence end 12/17/17. So what are we looking at here as far as time. Can he get out on parole again. What can me and the boys do to help this situation. My kids are hurting so bad. Thanks for any advice.
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Old 02-05-2016, 07:24 AM
CenTexLyn CenTexLyn is offline
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As was pointed out in the other thread regarding the waiver, he will be eligible for release but should not reasonably anticipate favorable action in the year following a revocation decision. If he had read the PSV-48 at the time he waived the hearing, he would have known the revocation was likely to occur.

Since the dates listed are discombobulated, it is unclear which are actually the accurate calculations post-revocation. With the time previously referenced as having been served, he will have an initial eligibility date that likely corresponds with the date he was arrested on the warrant. Expect at least three months for the review process to wind through following the date of actual decision on the revocation. Expect a denial that includes 5D (Adjustment on Prior Periods of Supervision) and that records the vote as a Serve-All, which takes him to the new Projected Minimum Release Date.

Given the fact that the revocation included assaultive conduct, I would not expect an approval for Discretionary Mandatory Supervision. He might be given a favorable vote sometime in 2017 so that there are a few months of supervision.

Caveat: the above presumes that he is in the review process without competent counsel representing his interests.
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Old 02-05-2016, 07:35 AM
Cj'sbaby Cj'sbaby is offline
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Default I know I sound stupid but...

There is so much to all of this its really overwhelming. He is not being represented by council. How does he request or is it too late?
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Old 02-06-2016, 06:54 AM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by Cj'sbaby View Post
There is so much to all of this its really overwhelming. He is not being represented by council. How does he request or is it too late?
One has to hire an attorney if you want to be represented by an attorney in the parole review process. There is no statutory right to appointed counsel.

As to whether it is too late or not has to do with precise timing and whether someone has seen the unit Institutional Parole Officer yet (an event that HAS to occur before a file can be routed to the Board).
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