This is the first of a series of blogs I intend to right about what rights, if any, you get during various phases of the parole process.
This particular article focus on an inmate’s first contact with the Texas Board of Pardons and Parole – the initial parole review.
I get calls on a regular basis from families asking questions about their loved one’s “short way” release date. The family doesn’t really know what the guy is talking about, and so they ring me up. Here’s a breakdown of what the inmate means, and the legal realities all inmates face as they work to get out of prison as quickly as possible.
“Short way” used to be slang for “mandatory supervision.” Prior to 1996, the Government Code authorized the Texas Board of Pardons and Parole to release certain categories of inmates automatically when their calendar time and good conduct time equalled the full term of the prison sentence. Inmates and their families could rely on the “short way” release date and plan accordingly.
But the law changed after 1996 as the Texas Legislature became uncomfortable with automatic release. For inmates incarcerated after the new law went into effect, release was no longer “mandatory” when their good time and calendar time equalled their sentence. Instead, the parole board could deny release if:
One of the first questions clients ask me about appealing their criminal conviction is what issues can be raised.
My usual answer: it depends on what your trial attorney objected to. The points of error I raise are almost always limited by what the defense attorney did or didn’t do during trial. Below is a description of why objections matter, how they are made, and how a good appellate attorney can act strategically when dealing with poorly-made objections.
Why Objections Matter
Like many States, Texas relies on a risk assessment analysis when deciding to release a particular inmate to parole. Although the State has broadly described the concepts and factors it relies on in creating its Risk Assessment Number, it keeps the actual methodologies used in a “Black Box” that leaves inmates, their families, and parole lawyers in the dark about how a potential parolee actually gets assessed and categorized.
Here’s a basic overview of the process:
The Texas Board of Pardons and Paroles (BPP) creates its particular risk assessment by relying on two primary groups of personal data:
After a conviction is final, the only effective way to hold the prosecution accountable for failing to disclose exculpatory evidence is through filing an 11.07 writ application in accordance with the Texas Code of Criminal Procedure.
But public disclosure laws make the investigation of prosecutorial misconduct difficult. Specifically, the Texas public disclosure statute allows District Attorney Offices to withhold prosecutor “work product” from defense attorneys who make written request to review the State’s file.
The State relies on this “work product exception” to remove all prosecutor notes, internal memoranda, emails from law enforcement, trial preparation documents, and court notes (to name just a few commonly-withheld items) from a defense attorney’s review. The result is that defense attorneys can’t see the very documents most likely to contain “Brady” material (i.e. potentially exculpatory evidence), or documents that at least reveal misbehavior on the part of law enforcement.
In Texas, the statute-based motion for new trial is the most efficient way to raise two types of error immediately after a conviction or guilty plea:
The Texas parole system can be extremely frustrating, even for those fortunate inmates who get voted for release on their first review. It’s best for those going into the TDCJ system and their families to be aware of the potential delays and pitfalls in the parole system so that they can be proactive. I’ve prepared some highlights of the bureaucratic process you’ll have to negotiate. Please understand this is a general summary. Every case has specific facts that will need to be addressed by the inmate’s parole lawyer.
If you go to the Parole Board (BPP) website, you’ll see a url that includes “TDCJ.” So you’d assume that the BPP is just another department inside the criminal justice system in Texas. But in fact the BPP operates separately.
Nearly all of my clients ask me at some point if we can use an Article 11.07 writ to get a reduced sentence.
The short answer is no. The writ is used to collaterally attack a prison sentence. It is an “all or nothing” fight where I try to find a cognizable ground for relief that was so prejudicial to my client that the only remedy is a new trial. There’s no procedural way to ask for less time on the sentence my client has already received. Judgments are final unless reversed, full stop.
But that’s not the whole story.
This post is the second entry in our “Know Your Legal Rights” series of blog posts related to police vehicle stops, detentions, and arrests. These posts are case studies based on real-life situations faced by defendants in the State of Texas, and are provided as general-interest information.They are not intended to be, and are not, legal advice. Every case is unique. So if you get pulled over and arrested, please seek the advice of legal counsel.
Today’s question – why do police officers love to call tow trucks, and what you can do to protect your rights when they do.
Law enforcement often use non-consent vehicle tows as a way to conduct full searches without probable cause or a warrant.
Most criminal defense attorneys operate a private practice that relies on government money to stay afloat. And that may lead to compromised representation.
So what exactly am I talking about? Let me explain.
Most of you looking for a lawyer for a criminal case think there are two kinds of defense attorneys: “appointed” attorneys that the government assigns to poor people that can’t afford a lawyer, and private attorneys who run a business representing criminal defendants. If you’re paying good money for an attorney, you’d just assume that your lawyer is a competent business person who will put real time into your case and limit the number of clients — a classic quality over quantity practice. But if you catch a case in many parts of Texas, including big suburban counties like Montgomery, your assumptions would be wrong.
Texas Criminal Appeals Blog
