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?
Criminal Defense Attorney
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.
Criminal Defense Attorney
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.
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DUI / DWI Attorney
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.
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