When dealing with TDC and the Texas Board of Pardons and Parole, always remember that a person who is incarcerated or on parole or mandatory supervision is not afforded the same rights as those who have not been convicted of a felony offense. The procedures through which decisions are made in the parole process for release and revocations have very little to do with the rules and procedures that a criminal court would go through to acquit or convict a person of a crime, impose a prison sentence or place the person on probation.
For one thing, the burden of proof is much different for an institutional violation or a parole revocation hearing. The burden of proof is called 'Preponderance of the Evidence'. It essentially means that it's 'more likely than not' that an inmate violated TDCJ institutional rules (possession of contraband, refusing housing, fighting, etc.) or violated the conditions of his or her parole (Rule No. 1 Violation - Failure to Report, Rule No. 2 Violation - DWI, etc.).
A person incarcerated in TDC should always remember that things will never seem as 'fair' as they are intended to be in a criminal court. TDCJ works on the premise that the person has been convicted of a felony and, as such, has very limited rights to privacy and freedom.
A person who is in TDC, on Parole or Mandatory Supervision or is Appealing a Decision by the Texas Board of Pardons and Parole has the right to have an attorney to represent them. In fact, in these cases a competent attorney is usually vital to the outcome of the case.
A competent, experienced attorney can exclude evidence that may be harmful to the parolee's case and, more importantly, keep the parolee from providing information that may be detrimental.
If you are facing parole revocation, you have the right to an attorney. If your parole has been revoked, you have the right to file a motion to reopen your hearing. If you are in prison, you have a right to present your case for parole to the Board.
Let Joe Padian help you.
If you would like to contact Joe, please do so at one of the following:
Joseph J. Padian 1614 Market Center Blvd. Dallas, TX 75207