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What are my options for a blue warrant for parole violation?

Fort Worth, TX |

My boyfriend was arrested when he went to parole ...they said he has a blue warrant for an assault charge that he has not been convicted for. He is fighting the assult chrge and doesn't go to court until march..parole said they would wait to motion to revoke until he went to court but I guess now have changed their minds. What are my best options to keep him from going back to prison?

Attorney Answers 3

Posted

First, he will remain in custody until the parole matter is settled. There is no bond on a blue warrant. And, they will not proceed on the parole case until the underlying case is finished because they do not want to give his defense lawyer an opportunity to "pre-try" the case at a parole hearing.

If you are the complainant on the assault case, you can cooperate with his attorney. If there are violations besides the alleged assault, then they can use those violations even if he wins the assault case. (And, in reality, they can use the assault case even if he is acquitted in the case in trial because the burden of proof is much less to revoke parole. They don't often proceed if that is the only violation but they can.)

He definitely needs a good trial lawyer, and he may need a parole lawyer.

Cynthia Henley
713-222-1220

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Posted

Once a decision has been made to lift the blue warrant how long before he can be released?

Posted

I agree with Ms. Henley's answer.

Let me add that at it's simplest, when a parolee is accused of violationg parole, the parolee is entitled to a hearing. They can have a lawyer. Only a few criminal defense lawyers actually do parole hearings, at least here in west Texas.

Not every parole hearing is a loser, even if there is a violation by committing a new offense. Depends on the offense and the rest of the circumstances.

This whole situation is something your boyfriend needs to discuss with his lawyer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

He also has a dwli that he was on probation for in a different county this alleged assult charge occurred the last month he had left of probation..what will happen if they revoke his probation? He doesn't not go to court for the assault charge until march..so what will happen when he has a parole hearing before then..will they keep him until then unless he can get the blue warrant lifted?

Posted

Unfortunately you cannot post a bond on a blue warrant; his best chance in front of the parole board will be if the assault case is dismissed. He will not have a parole hearing until the new case is disposed of. I recommend hiring an attorney to represent him at the parole hearing.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Parole revocation proceedings are usually quite one sided if the parolee is not represented. Ms. Jaggers is absolutely correct about hiring a lawyer to represent the parolee at the revocation hearing.

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