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  #1  
Old 07-27-2013, 12:40 AM
kyle198978 kyle198978 is offline
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Default TX preliminary parole hearing

Good eve. My husband is currently in smith co jail for a parole violation. He had his preliminary hearing today. Background info. Convicted of assault 12 year sentence. Did 9 years 3 months in prison. Been on parole for 2.7 years. Max date 8/31. Arrested on dwi 6/21/13. Turned himself in 6/26 to parole. Before the hearing po told him his recomendation was to discharge but today in hearing po recommended revocation hearing officer told him he had options and if dwi gets resolved then he could bond out pending the revocatoon hearing being set. Does anyone know what this means? Is it possible to get out before the revocation hearing? Thank you!
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  #2  
Old 07-27-2013, 04:56 AM
CenTexLyn CenTexLyn is offline
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The Board has the option to continue supervision pending adjudication, loading him up with special conditions. If he is continued, expect a lock-down via electronic monitoring and no-driving components to be added as special conditions.
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Old 07-27-2013, 02:54 PM
kyle198978 kyle198978 is offline
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Thank you for the response. The dwi is going to be resolved this week. Da said that he would cut a deal probably for PI. The hearing officer told him it would be 30 days to get a response back from board . Both po and hearing officer recommended revocation so I'm guessing the board can do what they want not necessarily following the recommendations made. The big question is will they lift the blue warrant once dwi is resolved or will they just keep him until revocation hearing which could be as far away as 90 days (30 days for decison on prelim hearing and another 30 for rev hearing to take place then another 30 for decision)? It took them exactly 30 days to do prelim hearing. The hearing officer told him he had options. I'm not sure what that means....thank you so much gor sharing your vast knowledge!
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Old 07-29-2013, 04:59 AM
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RobinsMan RobinsMan is offline
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My knowledge is hardly as vast as CenTexLyn's and so I can't provide much insight to how the board may work the revocation but I might guess that if his discharge date is at the end of August they won't take 90 days to make a revocation decision. Or, if they do, their options may not be so many as revoke or continue supervision.

I'm curious about his PO's recommendation, though. In your first post you wrote that his PO indicated that he'd recommend discharge and in your second that he and hearing officer were recommending revocation. As you mention I also don't know how much weight either recommendation carries with the board but it is obviously better to have the recommendation for continuation.
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Old 09-11-2013, 05:21 AM
kdmyers kdmyers is offline
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Default TX parole/revocation process

I'm new here but have been going through the same scenario for 8+ months. My fiance had a rollover on new years Eve. County officers arrived on scene, then DPS, then us. county was getting ready to let him go home once he signed waiver for treatment fro EMS. DPS officer disagrees and as he's pulling glass from his head and shoulders decides he needs a field sobriety test. We all watch and one of the county officer's shakes his head and says I.don't know what is going on...this is all her. She then walks back to where the county Officers are standing and is telling them something and they're shaking their heads no...turns around and walks back and cuffs him and tells us we have to leave. She did a warrantless blood draw and took him to county jail. He bonded out the next morning. Tried calling PO numerous times with no answer. Holiday...I guess. Was going in to report and had called ahead to see if he had a warrant and sure enough PO had filed violation report that resulted in a blue warrant. He was not drunk. Did you know that it took over 6 months to get the lab results back from DPS. oh yeah it does. He asked for a breathalyzer but she refused to give him one. Even with an attorney, whom did absolutely no good, he spent 7 months in county for a crime he didn't commit. They couldn't file the case without lab results since they had no other evidence. Prelim hearing took place 14 days after he turned himself in. Violation report said he was already in custody (not) parole officer did absolutely no research to see if charges were legit. Attorney told us we weren't aloud to stand up for him at the prelim even though I questioned him showing him the BPP policy that said otherwise. So he stayed in jail while this labwork could sit on someones desk for months before it was handed over to county attorney. He made trustee a couple weeks later and did free labor for the county for the rest of his time there. I think I've researched ever policy tdcj parole and BPP has. Its been hard to deal with. In August he finally got results back and charges were dropped. Stayed in county though. Yep. PO wouldn't let him out he had technical violation of consuming alcohol. Told him that he was going to recommend reinstatement though if he waived the revocation hearing. So he did that. New violation report said he recommended ISF and that's what he got!!! 8 months and still counting as they don't tell you what your ISF stay will be...its anywhere from 60-180 days, just depends on the direction of the wind I suppose. We've heard through a source or two hell be out in 60, but its hard to get your hopes up. So he went in. January 9 2013 and his supposed release date is 60 days from when BPP voted/ stamped his papers ...so August 8, then he should be coming home around October 7. Total of 9 months for drinking 1 beer. criminal justice hard at work!!
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Old 09-11-2013, 06:08 PM
kyle198978 kyle198978 is offline
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Wow! It is an ordeal let me tell you. I feel your pain. From what i know about isf it might be about 90 days. Its a treatment program. You can look up therapeutic community or satp for more info. Most are contracted out to mtc or cca so its a nicer place Air conditioned etc. I hope that helps...you woukd think that their civil rights are being violated but no once tdcj has their hooks in you you are done for. Update on this case....dwi was dismissed on 9/6. Still waiting for
Parole officer to go see him in jail. His original discharge date was 8/31. Po said that he would just withdraw blue warrant when dwi case was resolved whatever the outcome. Well now they are saying he still has to go to revocation hearing. I asked them to please consider policy 4.2.2 to withdraw the blue warrant due to dismissal of charges and being past the discharge date. He said they don't want to do that so they are not going too. So now we are waiting on revocation hearing. You can never seem to get a straight answer with them. They transfer you all over. Our tax dollars hard at work! Any advice is greatly appreciated. Thank you
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Old 09-22-2013, 02:25 PM
kdmyers kdmyers is offline
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Yes...story sounds so familiar. My fiance is supposed to get out October 7th. I'm so excited. A 10 month sentence for drinking a beer. This system is so dysfunctional. I asked his PO the same after charges were dropped ...about blue warrant cancellation. He said that only PB Could. BS the tdcj parole policy says otherwise. Have they read their policies lately? And graduated sanctions means just that...not sit in county for months and ISF and. EM and driving stipulations and special conditions. What the heck.
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Old 09-27-2013, 06:09 PM
kyle198978 kyle198978 is offline
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Well we are now at 92 days in jail and almost 30 days past his discharge date. Still waiting on palestine parole board to vote. Does anyone have any info on palestine pb? He waived his revocation hearing and they have had the packet since 9/13. I thought I saw a policy that said they had 48 hours to vote once the discharge date had passed. Any advice is most appreciated. Thank you
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