Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > TEXAS > Texas Parole, Probation, Work Release & Community Service
Register Entertainment FAQ Calendar Mark Forums Read

Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-16-2019, 08:08 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default Parole Violation no new charges

My husband is currently being held at the Byrd Unit in Huntsville TX for a parole violation with no new charges, he was picked up in a different state. He violated parole by not reporting to his parole officer due to personal reasons. He was sentenced to 5 yrs and was released on parole on September 28, 2017 and his discharge date was 06/17/2019 but now itís saying his projected release date is 01/29/2021. Why is that? Did they take his street time, he hasnít had his hearing as of yet. I thought that he will not be held pass his original discharge date. Is that not true? Should I hire a lawyer, Texas is so different Iím so lost I donít know what to do any advice would help.
Reply With Quote
Sponsored Links
  #2  
Old 05-16-2019, 08:29 AM
Firebrand's Avatar
Firebrand Firebrand is online now
The Cowtown Moderator

PTO Moderator 

 

Join Date: Mar 2010
Location: Ft. Worth, TX
Posts: 2,471
Thanks: 2,191
Thanked 5,497 Times in 1,436 Posts
Default

He either didnot complete 1/2 his street time in order for it not to be taken OR the offense or a past offense is 3G. If the parole board has already sent him to Byrd as a result of being revoked revoked and his time sheet has been recalculated then, the only thing to do is wait it out til he comes up parole again. The time to consider a parole attorney is when he's eligible for release the next time up. In the here and now, he can't do much more than wait. He could request that his hearing be reopened. Due to the fact that he left the state without permission is thing that more than likely won't change matters. Be patient
__________________
We're All In This Together
Reply With Quote
  #3  
Old 05-16-2019, 08:36 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by Firebrand View Post
He either didnot complete 1/2 his street time in order for it not to be taken OR the offense or a past offense is 3G. If the parole board has already sent him to Byrd as a result of being revoked revoked and his time sheet has been recalculated then, the only thing to do is wait it out til he comes up parole again. The time to consider a parole attorney is when he's eligible for release the next time up. In the here and now, he can't do much more than wait. He could request that his hearing be reopened. Due to the fact that he left the state without permission is thing that more than likely won't change matters. Be patient

He already completed 15 months out of 21 months of his parole. I was advised that everyone who violates parole goes to the Byrd Unit until the hearing. Are you saying that if he has completed 1/2 of his street time it wouldnít be taken. Also since his original parole discharge date was 6/2019 can he possibly be discharged then as well?
Reply With Quote
  #4  
Old 05-16-2019, 08:38 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by Firebrand View Post
He either didnot complete 1/2 his street time in order for it not to be taken OR the offense or a past offense is 3G. If the parole board has already sent him to Byrd as a result of being revoked revoked and his time sheet has been recalculated then, the only thing to do is wait it out til he comes up parole again. The time to consider a parole attorney is when he's eligible for release the next time up. In the here and now, he can't do much more than wait. He could request that his hearing be reopened. Due to the fact that he left the state without permission is thing that more than likely won't change matters. Be patient

Also it was a 3g offense and his new parole eligibility date is 07/2018 which is in the past.
Reply With Quote
  #5  
Old 05-16-2019, 11:07 AM
Firebrand's Avatar
Firebrand Firebrand is online now
The Cowtown Moderator

PTO Moderator 

 

Join Date: Mar 2010
Location: Ft. Worth, TX
Posts: 2,471
Thanks: 2,191
Thanked 5,497 Times in 1,436 Posts
Default

Hmm....well, if the offense is 3g and he already has a new time sheet I would think they've already taken his street time. Most of us that violate go to the county jail. In his case I'm assuming he didn't go that route, no? He went directly to Byrd, correct? That's a different scenario . So....I don't know. If he left the state on parole for 3g offense then, it's anybody's guess. If I were him I'd be expecting a revocation but that's just me.
__________________
We're All In This Together
Reply With Quote
  #6  
Old 05-16-2019, 02:28 PM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by Firebrand View Post
Hmm....well, if the offense is 3g and he already has a new time sheet I would think they've already taken his street time. Most of us that violate go to the county jail. In his case I'm assuming he didn't go that route, no? He went directly to Byrd, correct? That's a different scenario . So....I don't know. If he left the state on parole for 3g offense then, it's anybody's guess. If I were him I'd be expecting a revocation but that's just me.

Ok thank you! I was told that he will have the option to have a hearing or waive it. Iím going to wait to see whatís going on thank you again for your help!
Reply With Quote
  #7  
Old 05-16-2019, 04:43 PM
OnlyInTexas's Avatar
OnlyInTexas OnlyInTexas is offline
Registered User
Donation Award 
 

Join Date: Nov 2012
Location: Somewhere
Posts: 1,516
Thanks: 2,367
Thanked 1,123 Times in 630 Posts
Default

He went directly to Brady because everyone that comes from out of state goes to Byrd. Idk much else in this situation except that you should advise him to attend his hearing, do not waive it
Reply With Quote
The Following 2 Users Say Thank You to OnlyInTexas For This Useful Post:
fbopnomore (05-16-2019), Yadi01 (05-17-2019)
  #8  
Old 05-17-2019, 06:50 PM
ump ump is offline
Registered User
 

Join Date: May 2019
Location: texas, usa
Posts: 29
Thanks: 1
Thanked 40 Times in 19 Posts
Default

Quote:
Originally Posted by Yadi01 View Post
My husband is currently being held at the Byrd Unit in Huntsville TX for a parole violation with no new charges, he was picked up in a different state. He violated parole by not reporting to his parole officer due to personal reasons. He was sentenced to 5 yrs and was released on parole on September 28, 2017 and his discharge date was 06/17/2019 but now itís saying his projected release date is 01/29/2021. Why is that? Did they take his street time, he hasnít had his hearing as of yet. I thought that he will not be held pass his original discharge date. Is that not true? Should I hire a lawyer, Texas is so different Iím so lost I donít know what to do any advice would help.
All Texas offenders arrested on a Blue Warrant out of state are processed thru the Bryd Unit if returned to Texas. He will be offered a hearing, if only for technical violations (Failure to Report, Changing Residence and Leaving the State without Permission) he is entitled to a Revocation Hearing only. Although his projected release date may show 1/29/2021, this is only accurate if his parole is revoked. The Board has two options since he is past his discharge date, Revoke or Cut him loose and allow him to discharge. If he is a 3 G offender he will not get any street time credit if revoked. In deciding what to do the parole panel will look primarily at his instant offense, prior warrants on supervision, and any mitigation he may have as to why he absconded supervision. IMHO he would be wise to request a hearing.
Reply With Quote
The Following 2 Users Say Thank You to ump For This Useful Post:
dtmom2013 (05-21-2019), OnlyInTexas (06-05-2019)
  #9  
Old 06-10-2019, 08:06 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by ump View Post
All Texas offenders arrested on a Blue Warrant out of state are processed thru the Bryd Unit if returned to Texas. He will be offered a hearing, if only for technical violations (Failure to Report, Changing Residence and Leaving the State without Permission) he is entitled to a Revocation Hearing only. Although his projected release date may show 1/29/2021, this is only accurate if his parole is revoked. The Board has two options since he is past his discharge date, Revoke or Cut him loose and allow him to discharge. If he is a 3 G offender he will not get any street time credit if revoked. In deciding what to do the parole panel will look primarily at his instant offense, prior warrants on supervision, and any mitigation he may have as to why he absconded supervision. IMHO he would be wise to request a hearing.
Thank you for responding! His discharge date is this coming Monday, I reached out to the warrants department and was advised Friday that his warrant is pending closure but no release date is in the system as of yet, which is odd to me since he has a less than a week left before he is scheduled to be discharged. Do you know how long that process normally takes? The closure of a warrant Iím
Assuming it should be done today or tomorrow.
Reply With Quote
  #10  
Old 06-10-2019, 12:10 PM
ump ump is offline
Registered User
 

Join Date: May 2019
Location: texas, usa
Posts: 29
Thanks: 1
Thanked 40 Times in 19 Posts
Default

Quote:
Originally Posted by Yadi01 View Post
Thank you for responding! His discharge date is this coming Monday, I reached out to the warrants department and was advised Friday that his warrant is pending closure but no release date is in the system as of yet, which is odd to me since he has a less than a week left before he is scheduled to be discharged. Do you know how long that process normally takes? The closure of a warrant Iím
Assuming it should be done today or tomorrow.
If he was in the county jail, warrant closure and release are within a day or two. Since he is in TDCJ, they will need to due a time calculation audit. It shouldn't take long but may run a couple of weeks max-since he is at Byrd that helps. If released prior to his discharge, he'll need to report at least one time to his PO.
Reply With Quote
The Following 3 Users Say Thank You to ump For This Useful Post:
dtmom2013 (06-11-2019), OnlyInTexas (06-10-2019), Yadi01 (06-11-2019)
  #11  
Old 06-17-2019, 07:31 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by ump View Post
If he was in the county jail, warrant closure and release are within a day or two. Since he is in TDCJ, they will need to due a time calculation audit. It shouldn't take long but may run a couple of weeks max-since he is at Byrd that helps. If released prior to his discharge, he'll need to report at least one time to his PO.
Good morning! His discharge date is today and the warrant is still pending closure from June 7, 2019 with no ETA of when it will be complete. Do you by chance have a number I can call to speak with someone who can provide me an more direct answer instead of telling me to wait?
Reply With Quote
  #12  
Old 06-17-2019, 08:27 AM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator

PTOQ Editorial Team Member Staff Superstar Two Time Winner Staff Superstar Winner 

Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,028
Thanks: 42,569
Thanked 35,647 Times in 16,410 Posts
Default

How long did he not report (abscond)? The clock on his parole stopped when he absonded, so he will owe that time, either in prison or on paper....that's why his release date changed even though there were no new charges.
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
  #13  
Old 06-17-2019, 09:26 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by patchouli View Post
How long did he not report (abscond)? The clock on his parole stopped when he absonded, so he will owe that time, either in prison or on paper....that's why his release date changed even though there were no new charges.
Good morning, his released date was put back to his original release date of June 17, 2019. At his revocation hearing the decision was to continue supervised release. On June 7, 2019 I was told that his warrant is pending closure but no update as of yet and no one can provide me an ETA of how long the process takes.
Reply With Quote
The Following User Says Thank You to Yadi01 For This Useful Post:
patchouli (06-17-2019)
  #14  
Old 06-17-2019, 09:57 AM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 415
Thanks: 312
Thanked 488 Times in 232 Posts
Default

Quote:
Originally Posted by Yadi01 View Post
Good morning, his released date was put back to his original release date of June 17, 2019. At his revocation hearing the decision was to continue supervised release. On June 7, 2019 I was told that his warrant is pending closure but no update as of yet and no one can provide me an ETA of how long the process takes.

So does this mean he's coming home today?
Reply With Quote
  #15  
Old 06-17-2019, 11:14 AM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by Girl22472 View Post
So does this mean he's coming home today?
Thatís what I was assuming. Iíve finally talked to the Director of the warrants department and was advised that his home plan had to be approved thatís the reason why his warrant hasnít been closed. So I contacted the county where he was paroled and the plan was approved while I was on the phone with him. When the director called me back and stated that once the plan is approved the warrant will be removed and release will start. That was about 20 minutes ago. So Iím not sure if he will still be released today or tomorrow but I will continue to check his status throughout the day.
Reply With Quote
The Following 2 Users Say Thank You to Yadi01 For This Useful Post:
fbopnomore (06-17-2019), patchouli (06-18-2019)
  #16  
Old 06-17-2019, 03:27 PM
ump ump is offline
Registered User
 

Join Date: May 2019
Location: texas, usa
Posts: 29
Thanks: 1
Thanked 40 Times in 19 Posts
Default

Quote:
Originally Posted by Yadi01 View Post
Thatís what I was assuming. Iíve finally talked to the Director of the warrants department and was advised that his home plan had to be approved thatís the reason why his warrant hasnít been closed. So I contacted the county where he was paroled and the plan was approved while I was on the phone with him. When the director called me back and stated that once the plan is approved the warrant will be removed and release will start. That was about 20 minutes ago. So Iím not sure if he will still be released today or tomorrow but I will continue to check his status throughout the day.
If he discharges his parole today he will no longer need an approved release plan, that is only for those to be released on supervision.
Reply With Quote
  #17  
Old 06-18-2019, 04:45 PM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by ump View Post
If he discharges his parole today he will no longer need an approved release plan, that is only for those to be released on supervision.
Thatís what I was told by the records department. Now Iím being told by the Byrd unit parole that the board re-voted and decided to deny his continued supervision and that he had another pre-vocation hearing today and that another warrant has been issued. But when I call the warrants dept they state that the warrant is pending closure and the general parole dept is telling me that itís approved and that he should be released in a few days. I donít know what to do Iím just going to give it to God because this is stressing me out.
Reply With Quote
  #18  
Old 06-18-2019, 05:34 PM
Girl22472 Girl22472 is offline
Registered User
 

Join Date: May 2018
Location: Indiana
Posts: 415
Thanks: 312
Thanked 488 Times in 232 Posts
Default

Ugh!!! Sounds like a classic run around. Does he have an attorney? If so call them and have them check into things and see if they can put a boot in an ass somewhere. If he doesnt have one I would start looking for one for a free consult to get some ideas of what to do if this drags out much longer.
Reply With Quote
  #19  
Old 06-18-2019, 05:46 PM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by Girl22472 View Post
Ugh!!! Sounds like a classic run around. Does he have an attorney? If so call them and have them check into things and see if they can put a boot in an ass somewhere. If he doesnt have one I would start looking for one for a free consult to get some ideas of what to do if this drags out much longer.
Iíll give it to the end of the week and go from there! Thank you Iíll keep you posted...
Reply With Quote
The Following User Says Thank You to Yadi01 For This Useful Post:
patchouli (06-18-2019)
  #20  
Old 06-18-2019, 07:12 PM
ump ump is offline
Registered User
 

Join Date: May 2019
Location: texas, usa
Posts: 29
Thanks: 1
Thanked 40 Times in 19 Posts
Default

Quote:
Originally Posted by Yadi01 View Post
Thatís what I was told by the records department. Now Iím being told by the Byrd unit parole that the board re-voted and decided to deny his continued supervision and that he had another pre-vocation hearing today and that another warrant has been issued. But when I call the warrants dept they state that the warrant is pending closure and the general parole dept is telling me that itís approved and that he should be released in a few days. I donít know what to do Iím just going to give it to God because this is stressing me out.
As I indicated in an earlier post, because he is in TDCJ and not a County Jail it may take a couple of weeks to get released. If the Director of Warrants, L . Smith indicated the warrant is pending closure I would not find reason to doubt it. They would not re-issue a warrant and the board would revote a previous continue supervision decision.
Reply With Quote
  #21  
Old 06-18-2019, 07:33 PM
Yadi01 Yadi01 is offline
Registered User
 

Join Date: May 2019
Location: Texas
Posts: 11
Thanks: 2
Thanked 4 Times in 3 Posts
Default

Quote:
Originally Posted by ump View Post
As I indicated in an earlier post, because he is in TDCJ and not a County Jail it may take a couple of weeks to get released. If the Director of Warrants, L . Smith indicated the warrant is pending closure I would not find reason to doubt it. They would not re-issue a warrant and the board would revote a previous continue supervision decision.

I found that strange to especially since the vote was in his favor. I called multiple times but was only told this by the parole rep at the unit, that as of today he had a new hearing because the board decided to re-vote and a new warrant was issued. I called the parole board in Austin and was advised that they have no record of a new hearing and that everything was good to go. I just donít understand why the unit would say something but every other dept is saying something different. Itís just so frustrating that I would even be told that but itís cool because Iím trusting that God didnít bring us all the way to this point just to be set back. Again thank you so much for responding, I really appreciate it.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Ga parole violation...and new charges neffri13 Georgia Parole, Probation, Work Release & Community Service 2 09-18-2013 11:36 PM
Parole Violation...with no new charges. HELP!! Tigerfly Pennsylvania Parole, Probation, Work Release, Halfway Houses & Community Service 4 08-26-2010 10:34 PM
New charges + parole violation??? serenityfae Colorado Prison & Jail Ė Visitation, Phones, Packages & Mail 3 07-02-2010 10:12 PM
parole violation with new charges daveluvscrystal New York Parole, Probation & Release 2 05-03-2010 08:15 PM
Parole Violation With new Charges.... NurseJacqui82 Probation, Parole & Supervision 32 04-24-2009 09:05 PM


All times are GMT -6. The time now is 07:51 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics