When you are granted the opportunity for parole in Texas, it can mark the beginning of a new chapter. Despite the enduring implications of a criminal conviction, an early release from incarceration can provide you with a fresh start. However, one seemingly minor parole violation can swiftly upend this newfound liberty. As such, if you have been accused of a parole violation, it’s in your best interest to contact a seasoned Dallas County Criminal Lawyer who can help protect you from an uncertain future. Please continue reading to learn what you can expect if you violate parole in Texas. 

What Is Parole in Texas?

Parole is the process by which an incarcerated individual is granted an early release from prison before the end of their sentence, with the condition that they follow certain rules and remain under supervision. It’s important to understand that parole is a privilege for prisoners, not a right. Therefore, authorities retain the discretion to deny parole if a prisoner doesn’t seem capable of reintegrating into society.

How Is Eligibility for Parole Determined?

It’s important to understand that parole is not automatic or guaranteed. There are several factors that the parole board will examine before releasing an incarcerated person from prison. These include:

  • Severity of the offense
  • Prior criminal record
  • How much time was served
  • Behavior while incarcerated
  • Rehabilitation

Common Conditions of Parole in Texas

If you are released on parole, you will need to follow strict rules to remain in the community. Generally, the specific requirements of parole vary based on the crime you were convicted of and the circumstances surrounding your case. That said, common parole conditions include, but are not limited to, the following:

  • Report regularly to your parole officer
  • Living within a defined area and not leaving without permission
  • Notifying your parole officer of changes in employment status
  • Not possessing any guns or other weapons
  • No drugs or alcohol
  • Consenting to drug testing
  • Restrictions on internet use
  • Electronic monitoring
  • Avoid criminal activity and contacting victims
  • Agreeing to law enforcement searches of one’s residence, possessions, and self

What Counts as a Parole Violation in Texas?

In general, anytime you fail to adhere to the terms and conditions of your parole as set by the parole board, it constitutes a violation. As such, you’ll find that the following are some of the most common parole violations in Texas:

  • Failing to report to your parole officer
  • A positive drug or alcohol test
  • Missing curfew
  • Committing a new criminal offense
  • Failing to attend mandatory counseling or community service

Technical vs. Substantive Violations

Parole violations in Dallas generally fall into one of two categories. A technical violation is a non-criminal violation, like missing a meeting or reporting to your parole officer late. However, a substantive violation occurs if you commit a new crime or commit any other major breach of your conditions. 

What Happens if I Violate the Conditions of My Parole in Texas?

If you violate any rules, such as not reporting to your designated parole officer or failing a drug test, this constitutes a parole violation. If you fail to abide by the conditions of your early release, it’s crucial to understand what will happen.

Parole Officer Reports the Violation

Generally, your parole officer will report the violation to the Texas Parole Division. In some instances, this can involve a blue warrant, which is issued by the Texas Board of Paroles when someone is believed to have violated the terms and conditions of their release. This allows law enforcement to apprehend someone in violation. 

The Texas Parole Board Evaluates the Violation

After your parole office submits the violation, the Board will examine the circumstances of the alleged breach. Depending on the severity of the violation, whether or not this is the first time it’s occurred, and the risk level you pose to yourself and others, the Board will determine how to proceed. 

Potential Outcomes

It’s important to understand that there are generally two types of outcomes you can face following a parole violation that depend on the severity of the alleged breach. 

Minor Violations

For minor violations, such as late reporting to your parole officer or missing curfew by a few minutes, the Board may:

  • Issue a formal warning
  • Increase how frequently you report
  • Implement a stricter curfew
  • Impose electronic monitoring

Major Violations

For major violations, like contacting the victims involved in a case or failing a drug test, the court may:

  • Place you under arrest
  • Hold a revocation hearing
  • Return to prison to serve the remainder of the original sentence

It is critical to understand that the commission of a new criminal offense while on parole will almost always result in an immediate revocation of your parole. 

Parole Revocation Hearing

It’s important to understand that you have the right to request a revocation hearing. This allows you to challenge the revocation of your parole through evidence and dispute the allegations. Additionally, you can have an experienced Dallas criminal defense attorney present to represent you at this hearing. 

Connect With a Committed Dallas Criminal Defense Attorney

If you are facing parole revocation in Texas, please don’t hesitate to contact a competent lawyer from Spangler Law, who can effectively represent your interests and protect your rights. Our legal team is prepared to help you safeguard your freedom.