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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.

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Old 05-02-2014, 08:37 PM
allhis1978 allhis1978 is offline
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Question Fiance waiting for a parole revocation hearing. What is the process?

My fiance is waiting for a parole revocation hearing in Texas. He was taken back into custody on March 13 of this year. He was told 2 weeks ago that he would be seeing his PO the next week (which would have been last week) and she would give him the date. His PO still has not come. He has not seen her in a month. She sent another PO to have him sign some papers 3 weeks ago (this PO is the one who told him he would see his PO the following week). I have tried talking with his PO but she states she can not tell me anything due to privacy. Is there anything I can do to find out what is taking so long? Is anyone familiar with this process and remember how long it took for them to get thru this process?
Thanks in advance for your feedback.
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Old 05-02-2014, 09:05 PM
CenTexLyn CenTexLyn is offline
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Are there pending charges or was the arrest purely for technical violations of the supervision?

If there is a pending charge, then a hearing is sometimes put on hold pending disposition of the charge. Alternately, they MAY schedule a preliminary hearing which can be useful if one has counsel since it can be free discovery...
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Old 05-22-2014, 12:10 AM
allhis1978 allhis1978 is offline
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pending charge was lowered to class c on March 28. we heard nothing for what seems like forever. i kept calling Austin due to our local office not wanting to give out any information. He had a revocation hearing scheduled on May 15. i went to the jail to be there in case I would be allowed to speak for him. I waited for an hour and finally got one of the jail staff to find out what was going on. She stated she didn't know but they never ran this late. I then called the local parole office and they stated that all cases for our county had been cancelled. she didn't know why and was very rude. I asked if it had been rescheduled and why they didn't tell anyone that his hearing was cancelled, she again stated she didn't know, that maybe someone had gotten sick. I then called Austin again and she told me that it had been rescheduled for May 30. Why is this taking so long? And how is it ok for them to cancel a hearing without prior notification? There are several other guys being held on blue warrants with way more violations whose cases have already gone to revocation and have gotten an answer, and they have been there less time than he has. I don't get it. Plus he has only seen his new PO once since getting there. The PO he had when he went in was at the preliminary hearing and then suddenly was no longer employed at the parole office. We do not know why. I nor his grandmother can get his new PO to call us back, no matter how often we leave her a message. Can they do this? Just have him sit there, dead time, while others are moving thru the process as it would seem to be at an appropriate speed. I don't feel that this process has been running in an appropriate time frame. What, if anything, can be done? The lady in Austin said that she didn't believe that the local office was conducting the case as they should. She gave me the Ombudsman number to call, but I had already emailed him. HELP!!!
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Old 05-22-2014, 03:15 AM
CenTexLyn CenTexLyn is offline
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Things happen that can result in a hearing officer having to cancel hearings. They could have gotten sick or it could be any other number things. When that happens, the entire day gets shifted to the next available opening, which is usually a few weeks out (as appears to be the case here).

They had no obligation to give you notice of a cancellation, especially since you apparently had not even been listed as a witness who would be appearing (with or without a subpoena). Absent prior notice of your presence, a hearing officer has no obligation to even TAKE your testimony in the adjustment phase.

As to a PO returning calls, they do not have to speak to you. You are not on their caseload. There is also not a requirement for regular trips to the jail to meet with someone in custody. While in a pre-rev status, there is usually a visit once every four to six weeks.

The only thing that makes sense for the period between March and May is that there was more than one charge that showed in the records as having been filed. If that was the case here, then it would NOT have been to his advantage to go to a hearing until they confirmed everything was cleared.
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Old 05-23-2014, 09:02 PM
allhis1978 allhis1978 is offline
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he only had the one charge pending which was resolved on March 28, and i took the final disposition to the parole office that same day. i am listed as a witness with his parole officer, that is why i don't understand why she did not contact me to let me know the hearing had been cancelled. i took time off work to be there, which could have been avoided had I been told it was being rescheduled. i know that some people could care less what happens to these guys but they do have families that are affected by all this. these men are still human, they aren't monsters who deserve only punshiment. i do not agree with how the state deals with offenders being held on blue warrants. i believe there should be a better process implemented, one with defined time constraints. county jails don't want to house these offenders. it takes up space they need and often for men that will be placed back on supervision. it is a waste of money. now we must sit and wait for his hearing. and then wait for an answer. and if they choose to ISF we then get to wait again. and all this time he has been there will not count towards ISF, so it has all been dead time. that, to me, is ridiculous. they should be credited for all their time that they have sat, simply waiting. there is such a thing as being harsh. having to serve time that goes absolutely nowhere to me should be illegal. the state should not be given the right to punish someone before they are deemed punishable. and if they are to be punished they should be credited for each day that they had to wait for some state employee to decide their fate.
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Old 05-24-2014, 08:05 AM
CenTexLyn CenTexLyn is offline
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were you issued a subpoena? If so, then certainly someone should have notified you the morning of the hearing. If not, then you were not compelled by law to be present and were at the facility of your own volition. Yes, it IS that simple. Persons who are listed and believed to be appearing but without the need of subpoena are simply noted for the purpose of letting a facility know who may be showing up. Not to mention, like I said, things happen that may not even be known until the day OF the hearing...we've had hearings where we flew in and only learned after getting into the facility that our client's hearing had been continued due to some event (we have seen illness, serious accident, weather among the reasons for last minute continuances). We also had a hearing where WE had to call in at the last minute because weather was too treacherous (as an example)...in that case, the client's case was continued even though the hearing officer was present.

The time served DOES count...if revoked, then they get the credit for the time when recalculations are performed and if not revoked, then it is the same as street time but also serves as custodial credit if/when they wind up in custody on the same period of supervision and are revoked somewhere down the road.

YOU taking notice of disposition to the PO is not sufficient. There is a process by which they get notice through county officials, and THAT is what things are set from.

Regarding the manner in which things are handled under current law, if you want them changed, then I can only suggest you go to the big building located near 12th and Congress that has a big dome on its top and see Senator Whitmire. Since he chairs the Committee from which any substantive change would begin to take form, you need to persuade him to introduce legislation that would revise the current law.

Beyond that, I guess I am done with this thread because it has moved from questions associated with professional expertise and instead devolved into ranting about the process itself. The system isn't the one who is alleged to have violated both the law and conditions of supervision and the system isn't the one with a new criminal conviction. There are consequences for such actions, and sitting in custody while the process works its way through is one of those consequences...
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