Knowing the different types of parole violations in the State of Texas can help you to determine if you’re risk of a parole revocation. You need to take any parole violation seriously, and you should never sign any paperwork forcing you to acknowledge that you committed a parole violation unless you speak to a qualified attorney. Never waive your rights to a hearing if you’re accused of a parole violation, because you could go back to prison. When you were locked up, you only had a few rights and no personal liberty. Now that you’re out or on probation, you need to understand your rights because the U. S. Constitution gives you certain rights. So if you have been accused of a parole violation, you should speak with an attorney as soon as possible.
Common Conditions of Parole
When you have been released on parole, you’re required to at least maintain some type of steady employment or continue an education track that you have previously started. You need to make regular reports to a parole officer, and you must notify this person of any change of address. Make sure you don’t possess, use, or distribute any controlled substance, and you won’t be allowed to have a firearm or any other type of weapon in your possession. You also have to avoid contact with anyone who is in a correctional facility or on parole. Getting tested for drugs is a common condition for parole, and you will have to submit to a warrant-less search and seizure without probable cause.
If you violate any of the conditions of your parole, some form of action will be taken. And you may be charged with another criminal offense, which could result in additional proceedings. You are still entitled to due process, which will take place in the form of hearing. But even if you’re suspected of a parole violation, you will still get a warrant for your arrest if you’re not already in custody. You will then have to attend a preliminary hearing, where an officer or group of officers from the parole board with which you’re not associated will listen to evidence related to your case. And during this time, they will determine whether you have violated the conditions of your parole.
If they determine that there’s enough evidence to support this accusation, they will continue with a probation revocation hearing to determine the next course of action. In some cases, you may be held until your final hearing. This decision will be made during the preliminary hearing. But there are some situations where they will move forward with the probation revocation hearing without any preliminary proceedings. This can happen if you left the state without permission or without reporting to your parole officer in advance. But for these circumstances to move forward, the judge will be required to issue a temporary revocation order.
The Parole Revocation Hearing
The revocation hearing is where the fate of your parole will be determined. The parole board will usually have several options — one of which is an actual revocation. But they may also take some other action. They could transfer you to a substance abuse treatment center, or they could allow you to stay on parole under the same or a modified set of conditions. This will depend on the nature and severity of your violation, how much time you have left on your parole, and your behavior outside of the violation.
Once you have been accused of a parole violation, you can present evidence that moves the cards in your favor. You want to prove that you didn’t violate your parole when it’s possible, because you have to deal with any consequences. But you also have the option to defend or justify the violation that did occur. You could try to prove that it was necessary or accidental, which could cause the board to not take any action at all or take some other action other than sending you to jail.
Qualified Criminal Defense Attorney in Corpus Christi!
Regardless of the circumstances of your parole violation, you should speak to someone at Gale Law Group. We have years of combined experience in all areas of criminal defense, so we have all the tools you need to protect your rights. If you want to work with a qualified criminal defense attorney in Corpus Christi who will fight for you, be sure to get in touch with us. We would be happy to speak with you!