What Happens If You Get A New Charge While On Parole In Texas?
Being charged with a new crime while on parole can have serious consequences in Texas. At minimum, it will prompt a parole revocation hearing, and it could mean being sent back to prison to finish out your original sentence.
The quick answer: Getting a new charge while on parole in Texas will likely lead to your parole being revoked and you being sent back to prison. The parole board will hold a hearing and can impose your original sentence if guilt is established.
In this detailed guide, we’ll explain the parole revocation process when new charges are filed, typical outcomes and penalties, and strategies for minimizing the impact if you do pick up a new case while on parole.
What Happens When a New Charge is Filed?
Notification of Charges and Hearing
When an individual on parole in Texas is charged with a new offense, they will receive a notification of the charges. This notification will inform them of the specific offense they are being charged with and the date of their parole revocation hearing.
It is important for individuals to take these charges seriously and seek legal representation to navigate the parole revocation process.
Parole Revocation Hearing
After the notification of charges, a parole revocation hearing will be scheduled. This hearing provides an opportunity for the individual to present their case and defend themselves against the new charges.
The parole board will evaluate the evidence presented and make a decision on whether to revoke parole or not.
Establishing Guilt on New Charges
During the parole revocation hearing, it is crucial for the prosecution to establish guilt on the new charges. They must present evidence and witnesses to support their case. The defense, on the other hand, will have the opportunity to challenge the evidence and present their own witnesses to refute the charges.
It is important to note that the burden of proof is on the prosecution to establish guilt beyond a reasonable doubt.
Parole Board Decision on Revocation and Penalties
After considering the evidence and arguments presented during the parole revocation hearing, the parole board will make a decision on whether to revoke parole or not. If the parole is revoked, the individual will be sent back to prison to serve the remainder of their original sentence.
The penalties for the new charges may also be imposed, depending on the outcome of the criminal case.
It is important for individuals on parole in Texas to understand the consequences of being charged with a new offense. Seeking legal representation and preparing a strong defense can greatly impact the outcome of the parole revocation process.
For more information on the parole revocation process in Texas, you can visit the official website of the Texas Department of Criminal Justice at www.tdcj.texas.gov.
What Are the Potential Penalties for a Parole Violation?
While being on parole in Texas comes with certain conditions and requirements, it is crucial to understand the potential penalties that can arise if those conditions are violated. Parole violations can have serious consequences, and it is important to be aware of what could happen if you find yourself facing a new charge while on parole.
1. Finish Original Prison Sentence
If you are found guilty of a parole violation in Texas, one potential penalty is having to serve the remainder of your original prison sentence. This means that instead of being released on parole, you would be sent back to prison to complete the time you were originally sentenced to serve.
This can be a significant setback, as it means losing the freedom and progress you may have made while on parole.
2. Additional Incarceration
In addition to having to serve the remainder of your original sentence, a parole violation in Texas can also result in additional incarceration time. The length of this additional time will depend on the severity of the violation and the discretion of the parole board.
It is important to note that this additional time will be in addition to the time already served for the original offense.
3. More Stringent Parole Conditions
Another potential penalty for a parole violation in Texas is the imposition of more stringent parole conditions. This means that if you are found to have violated your parole, the conditions may be tightened to include stricter supervision, mandatory counseling or treatment programs, or increased reporting requirements.
These additional conditions can make it more challenging to successfully complete your parole and reintegrate into society.
How to Minimize the Impact of a New Charge
Getting a new charge while on parole in Texas can have serious consequences. However, there are steps you can take to minimize the impact and increase your chances of a favorable outcome.
Cooperate Fully with Parole Officer
One of the most important things you can do is to cooperate fully with your parole officer. This means attending all scheduled meetings, following any instructions or conditions set by your officer, and being honest about your situation.
By demonstrating your commitment to rehabilitation and compliance with the terms of your parole, you can show the court that you are taking your responsibilities seriously.
Get a Lawyer for Defense
When facing a new charge while on parole, it is crucial to have legal representation. A skilled defense lawyer with experience in parole cases can help protect your rights and build a strong defense strategy.
They can review the evidence against you, question the legality of any searches or seizures, and challenge the prosecution’s case. Having a competent lawyer by your side can significantly increase your chances of a positive outcome in court.
Argue Special Circumstances
In some cases, there may be special circumstances surrounding your new charge that could potentially mitigate the impact on your parole. For example, if you were coerced into committing the offense or if you can demonstrate that you were acting out of self-defense, these factors may be taken into consideration by the court.
It is important to discuss any such circumstances with your lawyer, who can help you present a compelling argument in your defense.
Use Diversion Programs If Available
Depending on the nature of the new charge, there may be diversion programs available that can help you avoid further legal consequences. Diversion programs are designed to provide rehabilitative services rather than punishment. They may include counseling, education, or community service.
By participating in a diversion program, you can demonstrate your commitment to rehabilitation and potentially have the charges against you dismissed or reduced.
Remember, every case is unique, and the best course of action will depend on the specific circumstances surrounding your new charge. It is important to consult with a knowledgeable attorney who can guide you through the legal process and help you make informed decisions.
Alternatives to Going Back to Prison
When someone on parole in Texas gets a new charge, it can be a stressful and uncertain time. However, there are alternatives to going back to prison that may be available to individuals in this situation.
These alternatives aim to provide rehabilitation, support, and supervision to help individuals reintegrate into society successfully. Here are some possible alternatives:
Drug Treatment Programs
For parolees who have a new charge related to substance abuse, drug treatment programs can be an effective alternative to returning to prison. These programs focus on addressing the underlying issues of addiction and providing the necessary support and counseling to overcome it.
By participating in a drug treatment program, individuals have the opportunity to receive the help they need to break the cycle of addiction and reduce the likelihood of reoffending.
Halfway Houses
Halfway houses, also known as residential reentry centers, offer a structured and supportive environment for individuals on parole. These facilities provide housing, counseling, job placement assistance, and other services aimed at helping parolees successfully reintegrate into society.
By residing in a halfway house, individuals can receive the necessary support and supervision while also having the opportunity to rebuild their lives and establish a strong foundation for their future.
Home Confinement
Home confinement, also known as electronic monitoring, allows individuals to serve their parole sentence from the comfort of their own homes. While on home confinement, parolees are typically required to wear ankle monitors that track their movements and ensure compliance with parole conditions.
This alternative provides individuals with the opportunity to maintain employment, support their families, and access necessary services while still being supervised and monitored.
Community Service
Community service can be another alternative to going back to prison for parolees who have committed non-violent offenses. By engaging in community service, individuals can make amends for their actions while also contributing positively to their communities.
Community service may involve tasks such as volunteering at local organizations, participating in neighborhood clean-ups, or assisting with community events. This alternative allows individuals to demonstrate their commitment to rehabilitation and give back to society.
It’s important to note that the availability and suitability of these alternatives may vary depending on individual circumstances and the nature of the new charge. Parole officers, judges, and other relevant authorities will assess each case on an individual basis to determine the most appropriate course of action.
If you or someone you know is facing a new charge while on parole, it is crucial to consult with legal professionals and parole officers to understand the specific options and requirements available.
Conclusion
Being charged with a new crime while on parole in Texas is a serious parole violation that often leads to reincarceration. However, working closely with your parole officer and defense lawyer may help minimize penalties and allow you to avoid being sent back to prison, especially if you take advantage of diversion programs when available.
