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  #1  
Old 08-18-2009, 02:29 PM
MnJRod06 MnJRod06 is offline
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Question Need meaning of..Charges Disposed?

WHAT DOES THIS MEAN: dispose of the charges?
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  #2  
Old 08-18-2009, 02:39 PM
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It depends on what context. But normally it means the charges have been thrown away, tossed out, no longer being pursued...
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Old 08-18-2009, 02:53 PM
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When you "dispose" of something it is - tossed out or trashed. Same concept is my understanding.
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Old 08-18-2009, 03:11 PM
MnJRod06 MnJRod06 is offline
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OK MY HUSBAND'S 31ST DATE IS ON 8/26, THE 41ST DATE IS 9/5 FROM WHEN THE BLUE WARRANT WAS ISSUE- WHERE DOES HE STAND WITH HAVING A HOLD ON HIM PENDING INDICTMENT ON NEW CHARGES AND PAROLE RELEASE ON OCT 3- FROM WHAT I'VE READ ON THE GOV CODE:

Sec. 508.282. DEADLINES. (a) Except as provided by Subsection (b), a parole panel, a designee of the board, or the department shall dispose of the charges against an inmate or person described by Section 508.281(a):
(1) before the 41st day after the date on which:
(A) a warrant issued as provided by Section 508.251 is executed, if the inmate or person is arrested only on a charge that the inmate or person has committed an administrative violation of a condition of release, and the inmate or person is not charged before the 41st day with the commission of an offense described by Section 508.2811(2)(B); or
(B) the sheriff having custody of an inmate or person alleged to have committed an offense after release notifies the department that:
(i) the inmate or person has discharged the sentence for the offense; or
(ii) the prosecution of the alleged offense has been dismissed by the attorney representing the state in the manner provided by Article 32.02, Code of Criminal Procedure; or
(2) within a reasonable time after the date on which the inmate or person is returned to the custody of the department, if:
(A) immediately before the return the inmate or person was in custody in another state or in a federal correctional system; or
(B) the inmate or person is transferred to the custody of the department under Section 508.284.
(b) A parole panel, a designee of the board, or the department is not required to dispose of the charges against an inmate or person within the period required by Subsection (a) if:
(1) the inmate or person is in custody in another state or a federal correctional institution;
(2) the parole panel or a designee of the board is not provided a place by the sheriff to hold the hearing, in which event the department, parole panel, or designee is not required to dispose of the charges against the inmate or person until the 30th day after the date on which the sheriff provides a place to hold the hearing; or
(3) the inmate or person is granted a continuance by a parole panel or a designee of the board in the inmate's or person's hearing under Section 508.281(a), but in no event may a parole panel, a designee of the board, or the department dispose of the charges against the person later than the 15th day after the date on which the parole panel, designee, or department would otherwise be required to dispose of the charges under this section, unless the inmate or person is released from custody and a summons is issued under Section 508.251 requiring the inmate or person to appear for a hearing under Section 508.281.
(c) In Subsections (a), (b), and (f), charges against an inmate or person are disposed of when:
(1) the inmate's or person's conditional pardon, parole, or release to mandatory supervision is:
(A) revoked; or
(B) continued or modified and the inmate or person is released from the county jail;
(2) the warrant for the inmate or person issued under Section 508.251 is withdrawn; or
(3) the inmate or person is transferred to a facility described by Section 508.284 for further proceedings.
(d) A sheriff, not later than the 10th day before the date on which the sheriff intends to release from custody an inmate or person described by Section 508.281(a) or transfer the inmate or person to the custody of an entity other than the department, shall notify the department of the intended release or transfer.
(e) If a warrant for an inmate or person issued under Section 508.251 is withdrawn, a summons may be issued requiring the inmate or person to appear for a hearing under Section 508.281.
(f) A parole panel, a designee of the board, or the department shall dispose of the charges against a releasee for whom a warrant is issued under Section 508.281(c) not later than the 31st day after the date on which the warrant is issued


Sorry so long but i appreciate your time.
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Old 08-18-2009, 03:29 PM
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Dispose: Ending a legal case or a judicial proceeding. Disposition: The manner in which a case is settled or resolved.

On any charge there will be a final 'disposition' ... which will result in 'disposal' of the charges. The words are interchangeable. The disposition, or disposal, of the charges can be positive or negative. The charges can be disposed of, or a final disposition reached, via other means as well ... such as a quilty finding and sentencing to TDCJ, not strictly the charges being 'thrown out.'
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Old 08-18-2009, 04:30 PM
MnJRod06 MnJRod06 is offline
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oh ok- well understood how you say can be meaning - & +- well guess we just have to wait and see what happens at the end of the month- thanks!


can anybody answer for the meaning of the 31st day and the 41st day and 15th day?
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Old 08-18-2009, 05:02 PM
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Those are the limits during which they can do something specific - amend the charges, hold a hearing, etc. They must do it by the end of the 41st day after a particular ruling or after instating the charges or whatever they choose to do. The court simply says that you have to get it done by this deadline.
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Old 08-19-2009, 08:15 AM
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oh ok- well we waiting patiently- i have another ?- if his parole date comes and still in jail, will he be release from parole and can bond out?
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Old 08-19-2009, 11:47 AM
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Quote:
Originally Posted by MnJRod06 View Post
Sec. 508.282. DEADLINES.

(a) Except as provided by Subsection (b), a parole panel, a designee of the board, or the department shall dispose of the charges against an inmate or person described by Section 508.281(a):

(1) before the 41st day after the date on which:
(A) a warrant issued as provided by Section 508.251 is executed, if the inmate or person is arrested only on a charge that the inmate or person has committed an administrative violation of a condition of release, and the inmate or person is not charged before the 41st day with the commission of an offense described by Section 508.2811(2)(B); or
(B) the sheriff having custody of an inmate or person alleged to have committed an offense after release notifies the department that:
(i) the inmate or person has discharged the sentence for the offense; or
(ii) the prosecution of the alleged offense has been dismissed by the attorney representing the state in the manner provided by Article 32.02, Code of Criminal Procedure; or
(2) within a reasonable time after the date on which the inmate or person is returned to the custody of the department, if:
(A) immediately before the return the inmate or person was in custody in another state or in a federal correctional system; or
(B) the inmate or person is transferred to the custody of the department under Section 508.284.
...
The 41 day deadline is for those who are only accused of committing a technical violation of their parole such as failing to appear or failing to pay parole fees, etc. It does not aply to those who have committed a new offense. For those who have committed a new offense the only deadline is to dispose of the charges - which, in this case, means to make their decision about the revocation - within a reasonable amount of time and that is only after custody of the person has been returned to the department. At least, that's the way I read it.
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Old 08-27-2009, 03:03 PM
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Robinsman is for the most part correct. However this has been a case about 2 years old that says when a new charge is pending, you are entitled to your preliminary hearing within 41 days of being taken into custody on the Blue Warrant. I have successfuly used this preliminary hearing to show no violation of law actually took place and get a no finding in the parole hearing and a dismissal int he criminal case.
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Old 08-27-2009, 09:17 PM
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I THINK, that what spawgan is referring to is the fact that a parolee accused of a new offense has the right to a preliminary hearing AS LONG AS THEY HAVE NOT PLED GUILTY OR NO CONTEST to the new offense or WAIVED the preliminary hearing (sorry about the caps but I thought it was important) and, though there is the same "within a reasonable time" mandate for the parole board for setting a date for the preliminary hearing as there is for disposing of the case as described above, there is no requirement that the person first be returned to the custody of the department before even that requirement comes to bear. Also, though being represented by cousel is not necessary in order to have a preliminary hearing, I suspect that if one is represented by defense cousel that counsel, and thereby the parolee, is probably afforded more attention and deferrence than the parolee without counsel. I also suspect that the parolee represented by counsel has an significantly better chance of success than one without. However, I must add that a reality check is always in order and if the parolee is nailed dead to rights then they might consider the worth of fighting the inevitable. The specific reason for a preliminary hearing is, as spawgan described, specifically for the purpose of determining if there is sufficient cause for proceeding with the revocatio procedure. If defense cousel is successful then the matter is taken care of much faster than sitting around for TDC to come pick you up.

As a rank amateur, and as always, I welcome every correction and any input that spawgan provides. I mean this sincerely.
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Old 08-28-2009, 11:26 AM
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Royce, I did not add the plead guilty or no contest portion, because if the defendant has plead, then the charges would then usually be disposed and the 41 day clock bgins to run after disposition. The only case I could see the plead but no disposition is if the defendant did an open plea with a psi. But normally a plea of guilty would mean disposition and then the final rev hearing.
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Old 08-28-2009, 12:39 PM
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luckly we kept the attorney- he was busy with a personal issue and talked to my husband yesterday so we on the works of things- just hoping for the best

yesterday's court was reset for 9/02- and the court waiting on the 2nd case to get to their same court on monday- r they going to put the 2 cases 2gether?
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Old 08-30-2009, 09:36 AM
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Quote:
Originally Posted by MnJRod06 View Post
luckly we kept the attorney- he was busy with a personal issue and talked to my husband yesterday so we on the works of things- just hoping for the best

yesterday's court was reset for 9/02- and the court waiting on the 2nd case to get to their same court on monday- r they going to put the 2 cases 2gether?
It sounds like it. I suppose if you have the same defense attorney for both it wold make scheduling court dates a lot easier.
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Old 08-30-2009, 09:55 AM
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Quote:
Originally Posted by spawgan View Post
Royce, I did not add the plead guilty or no contest portion, because if the defendant has plead, then the charges would then usually be disposed and the 41 day clock bgins to run after disposition. The only case I could see the plead but no disposition is if the defendant did an open plea with a psi. But normally a plea of guilty would mean disposition and then the final rev hearing.
I read it that if one pled guilty then they were convicted as such and therefore, according to 508.282(a)(1)(A), would not invoke the 41 day deadline. In that case they would fall under508.282(a)(2) which provides only for a hearing within a reasonable amount of time and, then, only after they had been returned to the custody of the department. I was thinking that if someone accused of a new offense wanted some sort of expediency applied to their parole revocation hearing then they must move for it before they entered a guilty plea on the new charge which would render them ineiligible for a preliminary hearing ... point being to hold off on any plea if the premiminary hearing is desired.

Of course, it all seems rather circular to me since I would think that if there existed a reasonable chance of success at a preliminary hearing then it would imply that there would be no reason for someoneto be considering entering into a plea agreement and if someone felt they needed to enter into a plea then there would be little to be gained in a preliminary hearing. My thought was that many people find themselves intimidated or overwhelmed by the entire process and enter pleas illadvisedly or prematurely.
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