Were you served summons for a parole revocation hearing in Houston or anywhere in the state of Texas? If so, you should know that you need to hire a defense attorney that can fight to prevent the revocation of your parole. You don’t want to go back to prison, let us help you. Call Chernoff Law to speak with a parole revocation lawyer about your preliminary hearing and revocation hearing.
Understanding How Parole Works in Texas
An individual released from a Texas prison is likely to face a period of supervision, referred to as parole. Parole is administered by the Texas Department of Criminal Justice. No Texas District Court is involved in the process, as one would find when placed on probation. Parole is decided by an administration. And revocation is decided by an administration, based on rules promulgated by the department.
Common Parole Violations
Some of the most common violations of terms and conditions that prompt a parole revocation hearing in Texas include:
- Failing to Maintain Employment or Keep a Job
- Not Keeping in Touch with Parole Officer
- Moving without Notifying PO of New Address
- Not Continuing Education Started in Incarceration
- Unlawful Possession of a Firearm or Other Prohibited Weapon
- Having Drugs or a Controlled Substance in UI, Blood Test or in Possession
- Speaking with Other Individuals on Parole
- Failing to Appear for Random Drug Testing When Asked to Appear
If you were served a summons to appear at a parole revocation hearing for violating the terms of your parole, you need to contact a parole violation lawyer quickly. You are not in a position to argue your case yourself. If you value your freedom, we urge you to call Chernoff Law to speak with one of our attorneys about your case.
Parole Violations Revocation Process
Parole is usually conditioned on the successful completion of certain programs. In addition, a parolee is required to avoid drugs and stay away from individuals of ill repute. Any criminal charges will likely result in a revocation, especially any felony or violent crime.
In the United States Supreme Court Case Morissey v. Brewer, the Supreme Court mandated that a parolee be afforded due process during a revocation determination. A parolee must be provided a hearing and has the right to an attorney at a revocation hearing. A special section of the parole board was created in Texas in 1980 to provide for the hearing process.
Every parolee has the right to a hearing. However, some alleged parole violators have a right to a preliminary hearing and a revocation hearing. In each of these hearings, the parolee has the right to counsel. At the hearing, the Department need only prove a violation by a preponderance of the evidence. This process is exhaustively explained in a publication provided by the TDCJ.
At the conclusion of the preliminary hearing, the Hearing Officer makes recommendations to the Parole Board. If probable cause is found, she can recommend revocation with return to prison, half way house, or an intermediate sanctions facility.
Do I Need a Lawyer for a Parole Revocation Hearing?
Yes, if you don’t want to go back to prison we strongly recommend hiring a professional criminal attorney and NOT representing yourself at the hearing. If it is financially possible, it is important to get an experienced lawyer for both the preliminary and revocation hearings.
At the preliminary hearing, witnesses are likely to be called, including the parole officer. Your rights are not likely to be protected unless a lawyer of your choosing has the opportunity to cross examine these witnesses.
Houston Parole Violation Lawyer – 30 Years Exp
If you are facing a revocation action in Houston or anywhere across Texas, call Chernoff Law today! Our parole violation lawyers will fight aggressively to defend your freedom, providing persuasive arguments and evidence to the hearing officer and parole board. Our law firm will fight hard against the parole board so that they can either influence them not to revoke your parole, or convince the board and PO to chose another sanction other than sending you back to prison. Give us a call to schedule a consultation, the clock is ticking!