Texas Parole Lawyer Erick Platten
When a prisoner is released on parole or mandatory supervision, he becomes a “releasee” on conditional release. His release is conditioned on him following the restrictions imposed by the Texas Board of Pardons and Paroles.
If any condition of release is violated, or if the
releasee is charged with or convicted of a new crime, a revocation
warrant (also called a “blue warrant”) can be issued and the releasee
will be arrested.
Once the releasee is arrested, he will be
incarcerated until the disposition of the revocation process. He will
not be eligible for release on bail. If he is arrested in Texas, he
will be held in county jail during the revocation process. If he is
arrested out of state, he will be transferred to and held in TDCJ during
the revocation process.
After he is arrested and incarcerated, a parole
officer will visit him, advise him of the allegations against him (the
alleged parole or mandatory supervision violations) and provide him with
a copy of the charging document.
The parole officer may try
to persuade the releasee to waive his constitutional right to a
revocation hearing. He may tell the releasee that if he waives his
right to a preliminary and revocation hearing, the parole officer will
make a favorable recommendation to the Board, or that the releasee will
not be revoked, or that the releasee will be sent to an ISF
(Intermediate Sanction Facility) or a SAFP (Substance Abuse Felony
Punishment Facility). The parole officer may even tell the releasee
that by waiving his rights and signing a waiver, he will get out of jail
sooner, or start earning time credit faster. None of this is true.
The parole officer is not on
the releasee’s side. In the revocation process, the parole officer
acts as the prosecutor. Anything said to the parole officer can and
will be used against the releasee. If the parole officer wants to
discuss the facts of the case, the releasee should tell him he has
been advised by his attorney not to discuss the facts of the case, or
waive any of his rights.
Regardless of what the
parole officer says, the releasee should invoke all of his rights,
including his right to a preliminary hearing and a final revocation
hearing. He should tell the parole officer that he wants a preliminary hearing and a revocation hearing. He should not waive his right to a preliminary hearing or a revocation hearing.
Releasees who waive their right to a preliminary
and/or revocation hearing never have an opportunity to defend themselves
or present their side of the story to the Board. As a result, they
usually have their parole or mandatory supervision revoked and return to
TDCJ having lost all of their street time and good time credits.
For information on representation in a revocation proceeding, please contact Erick Platten today. (903) 593-9100
