Parole, Probation What Do You Think

[PurpleBlurr84]

My boyfriend is currently incarcerated. He is being charged with evading arrest and a parole violation. His first parole officer let his charge slide. The second one, was not so lenient. So when he missed his meeting with her she put out a blue warrant on him. He was arrested. He states is parole was reinstated by the judge. His parole ended in September. His parole violation was not lifted he is still being held. They keep switching his parole officers on him what seems weekly. My question is about his evading charge. His court appointed stated in a letter that the passenger fled, not my boyfriend. What are the odds of him beating this charge? Who has the final say in parole revocation?

 

[army judge]

Blue warrants are simply warrants issued by TDCJ. A Blue Warrant is a warrant of arrest issued for parolees who allegedly violate terms of their parole or commit new crimes. The name of this warrant is derived from the color of said warrant, which happens to be blue.

Read about "blue warrants" on this San Antonio lawyer's blog. it explains much more about what can appen after a parolee is incarcerated on a "blue warrant".

http://research.lawyers.com/blogs/archives/8212-Texas-Probation-Violation-The-Blue-Warrant.html

 

[army judge]

Blue warrants are simply warrants issued by TDCJ. A Blue Warrant is a warrant of arrest issued for parolees who allegedly violate terms of their parole or commit new crimes. The name of this warrant is derived from the color of said warrant, which happens to be blue.

Read about "blue warrants" on this San Antonio lawyer's blog. it explains much more about what can appen after a parolee is incarcerated on a "blue warrant".

http://research.lawyers.com/blogs/archives/8212-Texas-Probation-Violation-The-Blue-Warrant.html

Once the blue warrant is lifted, a person can be out-processed often within 24 hours, as long as there are no other holds on the unfortunate soul.

As to whether he can beat the present charge, everyone is presumed innocent, until proven guilty.

But, that charge is the LEAST of his legal worries. He was apprehended with an unknown absconder. Therefore, the state will allege him to have been in violation of his parole. The eluding charge doesn't have to be proven. The fact that he was even involved in this sordid business is his undoing. Parole, as is probation, is simply an extension of his incarceration. If he can't do it in Locksville, he can't do it in Freetown.

The burden of proof in a revocation hearing is another problem. In a criminal trial, it's beyond a reasonable doubt, or absent all reasonable doubt. In a revocation hearing, it's simply a preponderance of the evidence, a much smaller burden; which allws some doubt.

By the way, only the judge that sentenced him, or if that judge is no longer sitting, the current person presiding over that numbered district court can revoke him, or reinstate him.

I suspect there's something he doesn't know, or isn't telling you.