Probation and Parole Revocation Hearings
Parole is a privilege. It is not a get out of jail free card and is not an act of clemency. It means a parolee has been granted the privilege of serving the rest of his time on the street, while under the supervision of a parole officer instead of spending that time in prison. When an inmate is released from prison on parole, he or she must comply with all of the conditions set for parole. If these conditions are violated in any way, the parole may be revoked.
It is important to be aware of your rights and to not waive them. You should seek the advice of an attorney as soon as possible to defend your rights. If you find yourself in the revocation process, please do not hesitate to contact Joaquin & Duncan, L.L.C. immediately.
In Texas, a parole revocation warrant is called a “blue warrant.” These warrants are usually executed without any prior notice to the parolee. Once a warrant is issued, the parolee is arrested and incarcerated. No bond is allowed.
Parole revocations in Texas can be issued for various reasons, including:
- Inmate was initially ineligible for release and should not have been released;
- Parolee has been arrested for a crime while released on parole;
- Parolee has violated a term or condition of release; or
- There is reliable evidence that the parolee is exhibiting behavior that makes him danger to society.
Once in custody, someone from the parole division will contact the parolee and will attempt to convince the parolee waive his constitutional right to a preliminary hearing. If this occurs, the parolee should immediately make it clear that he wants both the preliminary hearing and the final revocation hearing. The parolee should not waive any rights he is entitled to.
Under the 14th Amendment of the United States Constitution, a parolee facing revocation is entitled to the following:
- Written notice of the alleged violation(s);
- A preliminary hearing to establish whether probable cause exists that the conditions of parole were violated;
- Disclosure of any evidence against the parolee;
- The opportunity to present witnesses and documentary evidence, as well as the opportunity to confront and cross‑examine witnesses (unless there is a specific finding of good cause to deny such confrontation);
- A neutral and detached body to hear the evidence; and
- A written statement as to the evidence relied upon for any revocation decision.
The parolee also has a limited right to counsel, decided on a case-by-case basis. The right to counsel is based on certain factors including whether the parolee is claiming that he is not guilty of the allegations, or whether the adjustment phase of the case is complicated enough to justify assistance. However, a parolee has the right to retain an attorney to represent him in the revocation process.