In Texas, a parole revocation warrant is called a A blue warrant. Blue warrants are usually executed without any prior notice to the parolee. Once a warrant is issued, the parolee is arrested and incarcerated. No bond is allowed.
Once arrested, the due process aspects of the revocation procedure begin, regardless of whether the parolee is charged with a new crime or a technical violation.
Once in custody, someone from the parole division will contact the parolee. This person often attempts to have the parolee waive his clearly established constitutional right to a preliminary hearing.
THE PAROLEE SHOULD NOT WAIVE ANY OF HIS RIGHTS.
THE PAROLEE SHOULD NOT DISCUSS THE FACTS OF HIS/HER CASE WITH THE PAROLE DIVISION REPRESENTATIVE.
THE PAROLEE SHOULD INFORM THE PAROLE DIVISION REPRESENTATIVE THAT HE/SHE HAS BEEN ADVISED NOT TO DISCUSS THE FACTS OF HIS./HER CASE, OR WAIVE ANY OF HIS/HER CONSTITUTIONAL RIGHTS THAT ARE IN ANY WAY RELATED TO THE REVOCATION PROCESS
The parolee should immediately advise the parole division representative that he/she wants both the preliminary hearing and the final revocation hearing to which he/she is entitled under the 14th Amendment of the United States Constitution, as set forth in Morrissey v. Brewer, 92 S.Ct. 2593 (1972).
Under the 14th Amendment, Morrissey v. Brewer, 92 S.Ct. 2593 (1972) and Gagnon v. Scarpelli, 93 S.Ct. 1756 (1973), a parolee facing revocation is entitled to:
1. Written notice of the alleged violation(s).
2. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.
3. Disclosure of the evidence against the parollee.
4. Written notice of the alleged violation(s).
5. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.
6. Disclosure of the evidence against the parolee.
7. The opportunity to be heard, including the opportunity to present witnesses and documentary evidence.
8. The opportunity to confront and cross-examine witnesses (unless there is a specific finding of good cause to deny such confrontation);
9. A neutral and detached body to hear the evidence
10. A written statement by the factfinders as to the evidence relied upon for any revocation decision
The parolee also has a limited right to counsel. Whether a parolee is entitled to counsel in a specific instance is decided on a case-by-case basis. Factor considered when determining whether a parolee is entitled to counsel include whether the parolee is claiming that he/she is not guilty of the allegations, or whether the adjustment phase of the case is complicated enough to justify assistance. See Gagnon v. Scarpelli, 93 S.Ct. 1756 (1973)
During normal business hours, which are Monday-Friday, 8:30 a.m. to 5:00 p.m., this office will accept collect telephone calls from incarcerated persons for the purpose of discussing employment.
To contact our office about possible representation, complete the form at the end of this section.
