Particularly for first-time offenders, the world of parole law can be confusing. The Levinson Law Firm is here to guide you through the process. To start with, here are some answers to common questions. Please feel free to contact me with additional questions you may have.

Texas Board of Pardons and Paroles decides which eligible offenders to release on parole or mandatory supervision, and under what conditions. The Parole Board is actually comprised of 7 offices throughout the state of Texas. The Parole Board offices votes on cases from prison units that are assigned to them. Each office has three voters comprised of 1 Board Member and 2 Parole Commissioners.

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Ideally, 6 to 12 months before a review date is preferred. This allows me plenty of time to schedule a visit with the offender, order records, schedule consulting experts (if necessary), and prepare the case for review. However, I have often prepared cases in less time that that.

The Parole Board can vote a case up to 2 months early. It is for that reason that getting an attorney earlier is preferred to get the case ready.

In general, offenders are reviewed annually in the event their parole is denied. This is called a “set-off”. However, offenders serving offenses under Texas Government Code 508.149 (a) or a second or third degree felony under Section 22.04 of the Penal Code can be set-off up to 5 years. These offenses are: Aggravated Assault, 1st or 2nd Degree Aggravated Kidnapping, 1st or 2nd Degree Aggravated Robbery, 1st Degree Aggravated Sexual Assault, 1st Degree Any Offense with an Affirmative Finding of a Deadly Weapon Arson, 1st Degree Burglary, 1st Degree Capital Murder Compelling Prostitution Continuous Sex Abuse of a Young Child or Person Indecency with a Child by Contact Injury to a Child, Elderly or Disabled Individual Murder, 1st or 2nd Degre Robbery, 2nd Degree Sexual Assault Sexual Performance by a Child Trafficking of Persons A Felony Increased Under Health and Safety Code (Drug-Free Zones) Offenders serving a sentence for an offense under 22.021 (Aggravated Sexual Assault) or a life sentence for a capital felony can receive up to a 10 year set off.

Absolutely, I have never represented a client before the Parole Board that I did not meet with personally and conduct an interview. Would you want your doctor to diagnose you over the phone? Of course not. I feel the same way about representing my clients. Personal interaction is vital to the attorney-client relationship.

Yes, I request an in-person appointment with the lead voter on every case. I prefer to meet the voter in their office and present my client’s case. I find that face to face meetings allow for clearer communication. They also allow for deeper conversations, the ability to establish rapport, and usually result in greater exchanges of thoughts and ideas. There simply is no substitute to a face-to-face meeting.

Unfortunately, in most circumstances the voters do not meet with offenders prior to voting on their cases. For that reason, having an experienced attorney appear before the Board in person is crucial to explaining their side of the story and presenting a thoughtful and persuasive presentation on their behalf.

I encourage family members to accompany me to the hearing. A family member’s input and insight into an offender’s case can be quite compelling and beneficial to the presentation.

A Blue Warrant is a warrant that is issued to an offender on parole (or mandatory supervision) who is accused of violating one or more terms of their release. A Blue Warrant is a no-bail warrant, meaning that you cannot post a bond. There are very limited circumstances where a blue warrant can be lifted. If the offender is accused of a new criminal offense while on supervision, then there is no method to post bond on the blue warrant. The bond will remain in effect until the Parole Board issues a ruling after a Revocation Hearing.