Parole is early release from incarceration, while probation is a type of sentence imposed instead of incarceration. A "blue warrant" in Texas may be issued if an offender violates the terms of his parole. After a blue warrant has been issued, the offender can be stopped by a law enforcement officer and arrested any time.
TL;DR (Too Long; Didn't Read)
If an offender violates Texas probation laws, he is issued a parole revocation warrant, known as a blue warrant. The offender is arrested and incarcerated, often without the opportunity for bail release, and a court date is set for a revocation hearing.
Reasons for a Blue Warrant
A blue warrant may be issued in Texas for a number of reasons, such as committing another crime, carrying a gun, missing scheduled visits with your parole officer, drug use, absconding from Texas, failing to find employment and failing to obtain a General Education Diploma, or GED.
Parole Violation Consequences in Texas
If the parole officer believes a violation has occurred, he submits a request to his supervisor for a blue parole warrant. If the supervisor agrees, she submits the request for a blue warrant to the Texas Board of Pardons and Paroles, and the warrant is then issued. After the blue warrant is issued, the offender is arrested the next time she reports to, or is stopped by a police officer. She is then visited by a parole officer and asked if she wants to waive her hearing, and if she admits or denies the allegations. She will be provided with the date and time of the revocation hearing.
Blue Warrant Bail Conditions
Certain parole violation offenders may be released on bail even after they are picked up on a blue warrant. But you can only get bail on a blue warrant if you are not an absconder, a threat to public safety or on intensive supervision or super-intensive supervision. Additionally, you cannot have been previously convicted of certain offenses, including criminal homicide, kidnapping, sexual offenses and aggravated robbery.
Parole Revocation Hearing
The parole revocation hearing has two phases: a fact-finding phase and an adjustment phase. During the fact-finding phase, the parole officer presents evidence of the violations. The offender has the chance to cross-examine the parole officer and any other witnesses put forward by the state. The offender can also present evidence, if she wishes. There are many possible outcomes of the court hearing. The offender may be incarcerated for the balance of the original sentence or get extended jail time. Alternatively, the judge may impose community service, a substance abuse or mental health treatment program, a heavy fine, work release or electronic surveillance and house detention.
- Texas Board of Pardon and Paroles: What Happens When a Warrant is Issued?
- The Law Office of Matthew D. Sharp: What is a "Blue Warrant"?
- Texas Board of Pardon and Paroles: How Does the Administrative Hearing Process Work?
- Texas Board of Pardon and Paroles: What Happens When the Parole Division Asks for the Hearing?
- Texas Criminal Justice Coalition: Allow a Summons Instead of Incarceration for Employed and Stable Parolees
- The Law Office of Greg Tsioros: What to Do If You Violate Your Parole Conditions
- Texas Constitution and Statutes: Penal Code Title 7 Chapter 29 Robbery
- JUSTIA: Texas Penal Code Title 5 - Offenses Against the Person
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