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Topek & Topek

Q
They want to revoke my son's parole in Texas, what should I do? An experienced Texas Parole Lawyer answers your question.

A

    We would advise you that the best option would be to contact an experienced Texas parole lawyer who can explain the process to you and defend your son’s rights.  A 2012 report stated that there were over 83,000 parolee’s in Texas. In the Parole Board’s Budget Proposal from 2012 it is stated that there are over 18,000 hearings every year where a decision is made to either continue or revoke someone’s parole.  Those numbers would indicate that roughly one out of five people on parole have some type of problem during a given year that leads to a possible revocation.  Assuming that the 18,000 hearing include preliminary hearings and multiple hearings for the same person and the number is not so high it still shows that a significant number of people on parole at some point or another have problem that give rise to a parole hearing where there freedom is at stake.  A person’s parole can be revoked if it is found by a preponderance of the evidence that they violated a rule or condition of their parole.  The first thing we tell clients who are concerned about a possible parole revocation is to be aware that everything they tell their parole officer regarding parole violation allegations is being written down and will be used during the process for determining if there was a parole violation or not and then whether to revoke their parole.  In order for someone’s parole to be revoked it must be proven by a preponderance of the evidence that they violated a condition of their parole.  We have had cases where the only evidence the parole officer had was an alleged admission by the parolee.  The second piece of advice we offer is to always request a hearing.  Some parole officers will try to talk offenders out of having a parole hearing.  They sometimes will tell parolees that it slows the process down and will not make a difference in the outcome.  We advise people to always request a hearing, a parole officer does not decide if a parolee is revoked and therefore they can not know what will happen as a result of the allegations.  When a parolee signs away this hearing they are losing their ability to defend themselves before an impartial parole hearing officer, they lose the ability to contest the evidence and they are unable to ensure that their legal rights were not violated.  Additionally, even if you believe they will be able to prove beyond a preponderance of the evidence that a condition of parole was violated we still encourage you to request a hearing.  In additional to determining if a parole condition was violated there is an opportunity at the hearing to present evidence on behalf of the parolee regarding positive aspects of the parolee and their accomplishments. We are often able to obtain a ruling of continued supervision based on evidence that shows they either do not deserve to be revoked or have addressed the issues that created the problems.  If you are concerned about the status of your or a loved one’s parole and need a parole attorney in Houston, Conroe, Galveston or Angleton please contact us.

Seth Topek
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