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Parole Violation

Houston, TX |
Filed under: Criminal defense

My husband was released from jail in June, and was placed on a monitor which he is currently parole. He just did 90 days for first parole violation which was a technicle. He is facing his second violation for leaving the house after curfew. What are the chance that he will be revoked and do jail time

Attorney Answers 3

Posted

It is difficult to say what his chances are as far as being revoked as there are many different factors to consider, such as how has he done with his other conditions, what his relationship with his parole officer is like, who the hearing officer is, what the recommendation of his parole officer will be, whether or not the violation can be proven, and also any mitigating factors if it is determined that he violated parole. These are just some things that must be considered.

Additionally, whether or not he is represented by a competent lawyer at his hearing could be decisive. There is legal and/or factual research that could determine the outcome of the hearing in addition to possible legal and/or factual arguments that may be made in your husband's favor which could determine the outcome of the hearing.

It also needs to be remembered that the ultimate decision, if a hearing is held, will be made by the Texas Board of Pardons and Paroles. They make their decision based on the evidence, testimony, and recommendations made at the parole revocation hearing. They may or may not follow the recommendations of the Parole Officer or Hearing Officer.
Basically, parole revocation hearings are very complex and difficult to navigate without help from a competent lawyer and one's chances at being successful are difficult to determine through a website where little is known of the circumstances, evidence, and other relevant factors of his case. It is possible that he may qualify for an appointed lawyer. I would recommend contacting a lawyer to defend your husband and to help navigate this complicated process.

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Posted

I agree with everything in the above answer. The first question is will his probation officer report this second violation of curfew? Probably. If that happens, and a blue warrant is issued, then he will need a good attorney. That attorney will be able to argue to the parole board why his parole should not be revoked. His criminal history, they type of offense his is on parole for and how he has done on parole all play into this decision.

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Posted

The fact that he just finished a short stint for violating parole is not good at all. It would appear, especially to the parole officer, hearing officer, board, that your husband is not ready for parole because he cannot follow the rules. If he cannot follow the rules, then he is likely not to follow the law and the public has a right to be free of his problems.

I suggest you hire a lawyer who has experience in parole like Mr. Zientek to represent him. If he is going to have any chance, it will be with a strong lawyer.

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