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  #1  
Old 01-28-2010, 12:35 PM
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metallys metallys is offline
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Default Blue Warrant Question / caught 4th case while on Parole-DWI

My bf was on parole for a 3rd DWI when he caught a 4th in Nov 09 - he said it wasn't alcohol but Klonopin his doctor had prescribed to him & he was taking irresponsibly. Even if it was Klonopin THAT day, he was drinking then and his alcoholic ways were returning.
None the less, he was driving when he wasn't supposed to, vodka was found hidden in the car and he had caused a car accident. A blood sample was taken but I haven't heard what the result of that test was.

His PO was and IS obviously pissed. She issued the Blue Warrant ASAP and has been short & snide with him ever since.

He's sitting in County now & his parole is up Aug 2010. His lawyer has just basically told him to sit there until then and if he hasn't been indited by then, he should be released since he did bond out on the 4th charge and he'll just have to come back if he is indited for court.

Does this sound right?

Anyway - without assistance from his PO, is there anyone to appeal to in an effort to have the Blue Warrant lifted on a condition he will go into an inpatient treatment facility? He's going though so much shame, guilt, anger and just a whole plethora of issues he really needs therapy for. Without some sort of help, I really think he will lose himself in there this time around.

I know it's a long shot, but it never hurts to ask. Maybe someone else out there has had a similar experience to mine.
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Old 01-29-2010, 08:33 AM
cphillips cphillips is offline
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Quote:
Originally Posted by metallys View Post
My bf was on parole for a 3rd DWI when he caught a 4th in Nov 09 - he said it wasn't alcohol but Klonopin his doctor had prescribed to him & he was taking irresponsibly. Even if it was Klonopin THAT day, he was drinking then and his alcoholic ways were returning.
None the less, he was driving when he wasn't supposed to, vodka was found hidden in the car and he had caused a car accident. A blood sample was taken but I haven't heard what the result of that test was.

His PO was and IS obviously pissed. She issued the Blue Warrant ASAP and has been short & snide with him ever since.

He's sitting in County now & his parole is up Aug 2010. His lawyer has just basically told him to sit there until then and if he hasn't been indited by then, he should be released since he did bond out on the 4th charge and he'll just have to come back if he is indited for court.

Does this sound right?

Anyway - without assistance from his PO, is there anyone to appeal to in an effort to have the Blue Warrant lifted on a condition he will go into an inpatient treatment facility? He's going though so much shame, guilt, anger and just a whole plethora of issues he really needs therapy for. Without some sort of help, I really think he will lose himself in there this time around.

I know it's a long shot, but it never hurts to ask. Maybe someone else out there has had a similar experience to mine.
Well, from my experience the judge is the olny one that can lift a Blue Warrant. In a lot of cases more often than not the Judge sides with the PO. Considering this is his fourth offense for the same thing they may be a bit harder on him. However, with the recommdation from his PO it is possible that he could be sent to a treatment facility.
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Old 01-29-2010, 09:05 AM
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I agree definantly a treatment facility.
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Old 01-29-2010, 09:17 AM
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metallys metallys is offline
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Yeah, I'm just afraid he waited too long to realize he REALLY needs help. His ego has always been way too big and he always carried a huge chip on his shoulder along with the attitude that he could beat the system. His family are a bunch of alcoholics and offer no help what so ever other than just make things worse for him by starting arguments with him when he calls. Sadly, the only difference between him & his dad & brother are he got caught. It's a sad situation all around and I just worry about his metal health.
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Old 01-29-2010, 11:40 AM
MnJRod06 MnJRod06 is offline
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for our case- my husband was going to be done with parole last oct '09 for his 3rd dwi- he caught a drug case in april bond out and caught another one in July- he is still sitting in county- no indictment and ha a blue warrant- the PO says they wont decided on his parole status will he gets indicted for the current cases. Good luck- we going through some though time right now- our daughter going to be 1 in a few months and we just praying he can be home for it.
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Old 01-29-2010, 09:30 PM
texasparolee texasparolee is offline
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once he is indicted he will go back to tdc on parole violation and bench warrant him back to the county when the judge wants to deal with his new charge. Parole IS going to revoke his parole, and he WILL go back to prison. the letting him out for inpatient treatment is not going to happen. im not being a jerk about this im just being real. there is a slim chance of ISF but thats a very slim chance. people with technicals go to ISF. a new charge is not a technical. and very very very few get isf when they get a new charge. and the parole board does look down on dwi's. so you should expect prison.

Last edited by texasparolee; 01-29-2010 at 09:33 PM..
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Old 01-29-2010, 09:47 PM
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butterfly2006 butterfly2006 is offline
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Sorry, to hear that my husband had a blue warrent to before and basically parole has 30-60 days to decide what they'll do with him for the violation. Can't get that lifted at all I tried everything, eventually I realized we could only wait, luckily his parole did expire and they decided to discharge him despite the new possession case had just caught.
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Old 01-30-2010, 09:41 PM
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Thanks everyone. Either the Grand Jury here is really backed up or his lawyer is just really good at stringing it out as long as possible... it seems most of the cases here don't go up for indictment for a year if not more - or maybe that's normal. I'm new to all this.
My bf actually would rather go to TDCJ so he can go outside and have decent & cheaper commissary. His lawyer seems to think they'll just let him stay his parole out in county though since it's up in August.
Oh well. All we can do it wait and see what's going to happen and when. All I can hope for is that if there is a time between release from parole & court, he will still proceed with treatment. Hell, I'll even go with him. I don't have a substance abuse problem, but I sure have my own baggage to deal with.
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Old 05-23-2010, 07:50 AM
hisbaby0421 hisbaby0421 is offline
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wow my husband is back in because of klonpin and driving and got a dwi at 9 am in the morining...so i know how you feel...its also his 3 felony...what county are you in?
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Old 05-23-2010, 05:16 PM
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txfreedom txfreedom is offline
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Red face DWI guy

gotta agree with texasparolee on this one. he's going back > maybe not on the parole violation but for the new charge then. trial court may hit him hard even though he skates off easy on the parole end of this... they are not gonna look kindly on the DWI while on parole even if they're unable to convert that back to immediate prison time. So the worries go deeper than just the blue warrant. Be interesting to see what they offer on this DWI when y'all gotta get around to it. Sounds like the attorney knows his business though... I'm not trying to be a downer either; but if one doesn't realize what a gift and privelage parole is -- well, less likely to get it next time around. Good luck.
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