Someone convicted of an offense and sentenced to prison with the possibility of parole will receive a hearing where a Board will determine if the person can be released on parole or discretionary mandatory supervision. Although these types of hearings are fairly informal, it is best to have an attorney provide legal representation during the proceedings.
The Texas State Board of Pardons and Paroles identifies incarcerated individuals six months before they are eligible to be scheduled for a parole hearing. Due to this process, it is wise and advisable to start building your parole defense early. If you are on parole and have been accused of violating the terms of your release, the Texas Board of Pardons and Parole will schedule a revocation hearing to determine whether or not you should be put back in prison. Depending on the details of your circumstances, you will either receive a blue warrant or potentially a summons and may have to wait in jail until your hearing date.
During a revocation hearing, the Texas State Board of Pardons and Paroles has identified that an offender may be provided with the following rights during their hearing:
be personally served with written notice of alleged parole violations;
a preliminary hearing unless the offender is accused only of administrative violations or has been convicted of a new criminal offense. The purpose of this hearing is to determine if there is probable cause to believe a condition of release was violated (The offender has the right to waive their preliminary hearing if eligible to do so);
a revocation hearing if the offender is alleged to have committed administrative violations or has been found guilty in a criminal case (NOTE: The offender has the right to waive their revocation hearing if eligible to do so);
full disclosure of all the evidence against the offender before the hearing;
hire an attorney and, under certain circumstances, the conditional right to a state-appointed attorney;
tell the Hearing Officer in person what happened and to present evidence, affidavits, letters, and documents to support their position, including the right to subpoena witnesses through the Parole Officer;
confront and cross-examine adverse witnesses (unless the Hearing Officer finds good cause to deny confrontation); and
be heard on the allegations by someone designated by the Board.
Facing Parole Violation Charges
If you are facing parole violation-related persecution, we may be able to help. Here at Smith & Vinson Law Firm, we have the skills, experience, and determination to help get you a favorable outcome for your case.
We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured Smith & Vinson Law Firm is here for you. You can reach us at (512) 359-3743 or contact us through our website today.