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  #1  
Old 07-02-2012, 02:20 PM
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Unhappy Need advice to help husband arrested b/c of tx blue warrant

My husbands initial charge was drugs he served his time and had almost completed parole.we have a perfect parole record and marriage for last 4yrs.he had amazing job for last 2yrs.we got into big argument cause i could tell he had relapsed and he came home high.he was loading everything in trailer and i went to grab computer out of it and he grabbed my arm yanked me around then ripped comp out of my arms which left 3 good bruises on me which i had to file report with police to try to get protective order.i dont know what to do cause that person was not my husband so i am devastated.i have went to da and filled out affadavit of non-pros for protective order and waiting for police to send report to da so i can fill out same form for domestic report i had to file and that still doesnt gauruntee that the state wont press charges.i need to know how i can help him get out of jail and try to get parole not to revoke him. what can i do?he is taking responsibility for his actions but through all this i have made it clear to EVERYONE i dont want charges pressed and i dont want him sent back to prison, i just want to get him help..any advice is much appreciated.
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  #2  
Old 07-02-2012, 02:40 PM
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What the DA will or won't or can or can't do without your willingess to testify is one thing and if there are no new charges filed or ultimately no new conviction then that is one big consideration with regards to hid parole that would almost certainly result in revocation. However, the parole board can revoke him for cause far less than a burden of proof required for a new conviction and all the information the police know will be known to them. For instance, they will know about any allegation of drug use contained within their reports and there is nothing that can be done about that other than damage control. They can revoke his parole for that alone, should it be their decision to do so.

If the DA decides to file charges then TDC will sit on the revocation until that case is disposed of one way or the other. If the DA does not file charges then that should clear the way for whatever parole then decides to do. Your best point of contact is his PO, though his PO should also be informing him of what is going on. If they proceed to revocation then he should not waive his hearing, retain legal representation if he can, and at the hearing make a case for continuation - or maybe ISF in lieue of revocation - based upon the success he has had on parole up until then.
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Old 07-02-2012, 06:52 PM
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You have two separate issues to deal with- 1) the pending charge and 2) any blue warrant issued by the Central Office in Austin. Both carry with them the potential consequences related to either the retention of street-time credits and/or the return to prison to complete the existing term OR on an assault charge.

The pending charge will likely linger on the docket for a while given your Affidavit of Non-Prosecution. The prosecutor does not need your testimony to get a conviction where they have a police report, an officer who saw injuries consistent with domestic violence, an apparent statement from you as to what took place and, very likely, the photographs of the injuries. While the case is certainly bolstered where there is a victim who is willing to testify, cases go to trial on a regular basis with no victim testimony.

I would also HIGHLY suggest taking a quick roaming view through the domestic violence forums. Whether he was on drugs or not, DV tends not to occur in a vacuum and rarely is it a one-time occurrence. The WORST thing, IMHO, one can do is to let someone get away with it, no matter whether it is physical or emotional abuse. There is NO justifiable excuse for violence in a relationship environment...

As to the second issue, the Parole Division will generally wait until the charge is disposed of to schedule the hearing. The releasee can request to move forward with a preliminary hearing and the Division HAS to schedule it. However, it is an all-or-nothing proposition because the Board cannot utilize the placement in ISF as a sanction where there is a pending charge.

You indicate he was almost done with a sentence on drug-related conduct. However, you do not mention if that is his ONLY history of felony conviction. As a result, no determination can be made as to whether he is eligible to retain street time if he gets revoked. If he were, then he would owe the balance of the sentence plus any gap of time between warrant issuance and warrant execution.
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Old 07-02-2012, 11:18 PM
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With him being high, most likely they drug tested asap and found evidence of drugs didn't they?
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Old 07-03-2012, 09:57 AM
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Quote:
Originally Posted by KamisSister View Post
With him being high, most likely they drug tested asap and found evidence of drugs didn't they?

no they did not drug test him so there is no concern with that. i spoke with po today and he says my husband should waive his right to prelim hearing cause if not then ALL evidence and everything he says can be used against him when it goes to da. po also told me his recommendation is going to be continued supervision with intervention class once a week for six months. i then spoke with our attorney who was not happy i spoke with po..attorney says should never waive your right to hearing and he doesnt understand what the po's intentions are with saying that? i just wanna make the right decisions for him as we have worked so hard to get where we are...the felony charges he went to prison on in 2006 was drugs.
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Old 07-03-2012, 11:14 AM
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Not knowing anything about the parties involved here, I can't even begin to offer a suggestion as to what you should do.

I just wanted to say that when my boyfriend was on probation for a DWI, he drank and went to his court-mandated counselor to confess and try to get help to get back on track. The counselor told his probation officer who then had him arrested. When I spoke to the PO, she specifically told me she was not going to ask for his probation to be revoked, but his attorney told me later that was exactly what the PO was requesting. My point is that in our case, the PO was not telling me the truth and the attorney was the one who was able to get his probation continued. I know our situation and yours are not the same, but I'm not sure you can trust what the PO is saying. IDK -- Maybe I'm just jaded from our experience.

Hopefully someone with more knowledge will be along soon to help you! Good luck!

Last edited by Y25; 07-03-2012 at 11:39 AM..
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Old 07-03-2012, 03:05 PM
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Well…first of all, let me say that I sympathize with you, greatly. I feel for you. He’s blessed to have had you up until this point. Still……..I think you’re getting the cart before the horse. Blue warrants, parole violations, the past, drug tests, the chance of going back to prison…..wait a minute. You’re ignoring some warning signs here that indicate he’s not for real about doing what he has to keep his freedom and keep you happy? What about that end of the situation, huh? What’s up with that? If it really went down the way you said it did the night that you realized he was high then……..he’s not ready, yet. How long will you wait? How much is enough, huh? How many times will you be raked over the coals before you say “enough is enough”.

You need to get real about you. He’s already determined his fate and……it happens. He’s not for real about you….he’s for real about the beast that lives in all men; he’s dedicated to the vice of addiction and he’s willing to do so at all costs.

In his mind; not yours, are you going to tell me that he didn’t know that there was a great possibility within him that would warn or indicate that you’d know he was high the night he came home? And so….then what? Just let it all hang out and….do what you do? Is that it? Where are you in all that, dear?

And so…you’re 20 something or 30 something? I say this as someone who is 50 something and spent 15 years in there over the course of 3 trips. I’ve met at least a dozen good women like you through it all and I say…..LET HIM GO. You want somebody to love then, look else where. You want the possibility of more drama, the onset of bitterness, and wasted time then, keep going down the path you’re headed.

You deserve better that, but the truth is you’re still in the saving business. You blame yourself for something you didn’t cause to happen and yet which you lay at your own feet to salvage. He’s not worth it or he wouldn’t have got loaded to begin with. It’s real simple to understand; physical attraction + trust + respect = love. When he got loaded, he violated your trust. When he put his hands on you, he violated your respect. You’re worthy of so much more than that, but only you can take the time to see that. There is someone out there that can rock your world in a good way in the love dept, but….it’s up to you. Only you can make that call.

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  #8  
Old 07-03-2012, 03:18 PM
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The PO wants him to waive the hearing because it means less work for the PO. Pure and simple.

Scheduling the prelim has nothing to do with giving information that the DA can use. If it were a case I were involved with, my client would NOT be saying a SINGLE word in the hearing other than DENY when asked to admit/deny the allegations. And, while a victim/witness cannot be told NOT to attend, I would certainly point out that there are no penalties that can attach if they happened to have car trouble or something else that precluded getting there on time. Having the victim present as a witness is NOT in his best interest in ANY revocation hearing...if you aren't there, you cannot be cross-examined, and if you cannot be cross-examined, then the most damning evidence cannot be entered into the record.
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  #9  
Old 07-05-2012, 08:39 AM
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Being tested for drugs was not what I had on my mind but rather what you might have told the police that took your complaint when filing for the protective order. It seems natural that you would have told them the same thing you posted here when relating the events. With that in mind, let me take a moment to remind you that this is a public forum there to be read by anyone who might be looking.

I do agree with CTL about what should happen in a preliminary hearing in that there almost certainly would be no preliminary hearing absent the involvement of a defense attorney who would (should) manage everything about when his client would or wouldn't answer for himself and, in fact, his attorney's words are in perfect keeping with what I would expect. Actually, I wonder if there wasn't a mixup in whether one was talking about a preliminary hearing or the revocation hearing. There really is no reason for a person to waive a preliminary hearing since that is always at their option in the first place and there are probably very many revocation hearings that happen with no defense attorney present.

Thinking ahead, it seems that there could be a very abscure or, possibly altogether absent, clear line of just when the A/DV case is disposed of that would prompt the parole board to move towards their own disposition of any revocation. I was told by the defense attorney of someone that was accused in a DV assault case I have detailed knowledge of that the supreme court had taken care of the state being able to proceed without a witness in such cases. That case was taken to trial but dismissed with the jury waiting in the hall because the witness never appeared. This was in Harris County and there existed both photographic evidence and police reports. In such a case charges could later be reinstated by the DA's office (until the limitation period expired) but the fact that the DA's office had ceaseed their prosecution was pretty clear. Another case was a DV case in Montgomery County that was actually aggravated assault with a deadly weapon (man stabbed in the throat by his live in girlfriend) simply failed to proceed after he filed affidavits about not wanting to proceed. Again, no witness, no case, but there also was no dismissal of the prosecution. The assaultant was released on bail and the DA's office simply stopped filing court dates. I suppose that, in such a case, any affidavits signed would be available to show the parole board in a hearing plus the defense attorney's word about whether the DA's office has subsequently ceased to prosecute the case would probably be enough to convince the parole board of that there was no longer a pending criminal case. However, ...

In the case of a parole revocation the difference in the burden of proof upon the parole board and that of the state in a criminal case is very important. No matter what the result of a criminal case is the parole board can revoke parole if they are convinced that cause exists. That could come to be if they read in a police report about possible drug involvement or if they simply believe that assault occured regardless of the disposition of the criminal case.

I think the best advice that can be given is to sit tight, do - or don't do - exactly what his attorney says and just wait and see how it plays out. I hope things work out the best for both of you.
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Last edited by RobinsMan; 07-05-2012 at 08:42 AM..
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Old 07-05-2012, 06:14 PM
CenTexLyn CenTexLyn is offline
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Where there is a pending charge, one is entitled to the preliminary hearing. It is a dog-and-pony show since the mere charge is generally sufficient to find probable cause that a violation took place (which is all that is needed to move to the rev hearing). The rev hearing is where the burdens change somewhat. At that hearing, law enforcement rarely shows up, so with no other witnesses, it isn't that difficult to get a no-finding on the Rule 2 allegation given that the offense report itself does not meet the burden for a finding in a revocation hearing. The fundamental basis is that there is no opportunity for cross-examination and there is no good-faith basis to deny cross...as such, the objection to the report being entered SHOULD be sustained by most hearing officers.

It is not uncommon to request the prelim, let the agency get it scheduled and then waive the prelim, requesting instead to just proceed straight to the rev hearing. It saves a few weeks of time...
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