Q If the Texas Parole Board denies parole can I appeal or do anything to get them to reconsider and change their vote?
Offenders and their families often disagree with the Texas Parole Board’s decision to deny an offender Parole. They think that parole board did not look closely enough at the case or missed something important. At times after listening to the family or meeting with the offender we agree. The question we are asked is whether anything can be done to get a different vote. The answer is yes, however the circumstances in which a case will be reviewed a second time and the vote changed are rare. Any offender can request what is called a special review. Reasons that the Texas Parole Board will grant a special review can be placed in two broad categories.
- 1) There is new information that the parole board did not see.
- 2) There was an administrative file processing error.
The first category sounds promising but it only refers to new information from trial officials or victims, information that the parole panel made an error of law or violated a board rule, and information regarding a change in the offender’s sentence or judgment. Administrative processing errors covers situations where incorrect information was presented to the board such as if they were told that an offender refused to enter a program when in reality they had completed it. It also would cover a situation where a request for a parole interview was granted prior to the review but the interview never took place. Unfortunately, usually when we are asked this, the information that the parole board failed to take into sufficient consideration was either not given to board or was not done so in a clear and convincing way. If that is what occurred then the parole board will not reopen their decision. Please complete a secure online contact form if you have questions about a special review or what you can do going forward after a denial. An experienced Texas parole attorney can discuss whether a special review is a realistic option for you. Unfortunately, often the best road forward is preparing for the offender’s next parole review date. Please call us at 713-651-1444 for a free consultation to discuss what can be done to help obtain a positive parole vote from the Texas Board of Pardons and Paroles. Our offices are in Houston Texas but our practice takes us to prison units and parole boards across the state of Texas, we have helped families in Houston, Austin, Dallas, Fort Worth, McAllen, Galveston and numerous other cities.