Parole Revocations and Representation
Feb. 23, 2022
In Texas, a parole revocation warrant is called a “blue warrant.” Typically, blue warrants are issued and executed without any notice to the parolee. Once the warrant is issued, the parolee is arrested and incarcerated.
After execution of the blue warrant, when the parolee is in custody, a parole officer will contact the parolee. The parole officer will attempt to have the parolee waive the right to a revocation hearing. If the parolee waives their right to a hearing, it is likely that the parolee will have his/her parole revoked.
A parolee has a right to be represented by retained counsel and in certain limited circumstances, the parolee may have a right to appointed counsel. The United States Supreme Court recognized that a parolee has an interest in their freedom and that those interests are protected by United States Constitution. Specifically, a parolee has a right to:
written notice of the claimed violations of parole;
disclosure to the parolee of evidence against him;
opportunity to be heard in person and to present witnesses and documentary evidence;
the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation);
a "neutral and detached" hearing body such as a traditional parole board, members of which need not be judicial officers or lawyers; and a written statement
A parolee's liberty involves significant principles within the protection of the Due Process Clause of the Fifth and the Fourteenth Amendment to the United States Constitution, and revocation of that freedom requires a hearing to give assurance that the finding of a parole violation is based on facts to support the revocation.
The Danford Law Firm advises clients not to waive any rights, or discuss the facts of their case with anyone, including the parole officer. The parolee should immediately advise the parole officer that they want a preliminary hearing, final revocation hearing, and any other rights to which they may be entitled. For experienced parole representation, contact us today. Danford Law Firm represents clients in criminal defense and parole matters in Kerrville, TX and throughout the Hill Country.