Seth Topek
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Criminal Defense Attorney: Defending the Rights of the Accused and the Incarcerated

    A set off means that an offender was considered for parole by the Texas Parole Board, the board voted to deny parole and then set a date to review the offender for parole at some time in the future.  For most offenders that date will be one year later but for certain offenders the board can set their review for up to five years in the future.  It is easiest to understand with an example:

  1. Joe was eligible for parole and was denied on 1/1/10.  The board voted to give him a one-year set off.  His next review will be 1/1/11
  2. Joe was eligible for parole and was denied on 1/1/10.  The board voted to give him a five-year set off.  His next parole review date will be 1/1/15.

    The parole board can only give up to a five year set off to offenders serving sentences for specific serious offenses.  Those offenses are as follows

  1. Capital Murder
  2. Aggravated Kidnapping
  3. Aggravated Sexual Assault
  4. Aggravated Robbery
  5. An offense with a Deadly Weapon Finding
  6. Sexual Assault 2nd Degree
  7. Aggravated Assault 1st and 2nd degree
  8. Arson 1st degree
  9. Injury to a child or elderly 1st degree
  10. Injury to a Disabled Individual
  11. Indecency with a Child 2nd and 3rd
  12. A Felony Increased Under Because Occurred in a Drug Free Zone
  13. Murder 2nd Degree
  14. Burglary 1st Degree
  15. Robbery 2nd Degree 

    If an offender is serving a sentence for one of the above offenses it does not mean that they will be denied parole nor does it mean that they will necessarily receive a five-year set off if they are denied parole.  We have represented individuals who were paroled on their first eligibility date when the board could have given them a five-year set off.  We have also had cases where the board could have set off an offender for five years and instead gave them a one-year set off and they were released on parole at the following review date.  Every case is different and the Texas Parole Board’s decision is case specific and depends on many factors.  If you or a loved one is incarcerated for one of these offenses and please call us and we would be happy to discuss the case, our services, and whether it makes sense for you to hire a Texas parole lawyer.  Our toll free phone number is 888-661-5030 or you can fill out an online contact form for a free consultation with an experienced Texas parole attorney.


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