Parole

TEXAS PAROLE LAWYER

Many inmates and their families are not aware that a parole lawyer can make a huge difference in obtaining freedom. Unfortunately, the criminal justice system is designed to punish the accused instead of focus on rehabilitative efforts. Likewise, individuals that have been convicted and are incarcerated face the same challenges. You are now a warden of the State of Texas, and your only way to be released is though positive interaction with the Texas Department of Criminal Justice and the Texas Board of Pardons and Paroles.

Gary Tabakman specializes in parole review hearings is an area of law that Gary Tabakman specializes in. Hiring an attorney drastically increase an inmate’s chances to freedom. Incarcerated individuals are pre-judged by the crime they are in prison for and often by prior crimes; they deserve a voice and need an advocate that can positively portray a plan for release, and how they plan to integrate back into society. Mr. Tabakman can represent individuals that have been incarcerated in any county in The State of Texas.

PAROLE REVIEW PROCESS AND ELIGIBILITY

Inmates with a sentence that allows for the possibility of parole are given a parole hearing after serving approximately one-third of their original sentence, except in cases of inmates charged with first-degree felonies, violent sexual crimes, and repeat felony offenders. These offenses are typically referred to as 3G offenses, as they are codified in the Texas Code of Criminal Procedure.

A Parole Board, consisting of three members, oversees the parole hearing. As your attorney, Gary Tabakman will always request an in person, live hearing. Unfortunately, these hearings are not always an opportunity in person and are often conducted over the phone.

The inmate, inmate’s family, inmate’s attorney, and the Texas Parole Board receive information concerning parole eligibility approximately six months prior to the actual date. The inmate is not present for the parole review and does not have the right to be present. However, an attorney and family members may be present, with the attorney being able to advocate a position on your behalf. Although rare, the victim of the crime may also request to be present during the parole hearing.

PREPARING FOR THE HEARING

Most inmates are reviewed with very limited information about that individual. Parole board members do not get acquainted with details of the case because they are not provided those details. As your parole lawyer, Mr. Tabakman will assist in gathering as many details about your case, your background, your family, your education, your adjustment during incarceration, and your parole plan. Parole board members like to vote for release when they are presented with a very clear road map as to why and how someone will succeed on parole, something Gary Tabakman specializes in.

PAROLE TIMELINES

The laws that were in effect at the time the offense was committed determine a person’s eligibility for parole and mandatory supervision. Time in custody or county jail is credited to the person’s sentence and is included in establishing the date of eligibility for the first parole review.

Example

An inmate was in custody for six months before receiving a 10 sentence. If the case was not a first-degree felony, violent sexual crime, or a repeat felony, the inmate is eligible for parole in 14 months, eight days (one year, two months, and eight days).

With six months in custody credited toward the inmate’s sentence, the new date of parole eligibility is approximately eight months after sentencing.

14 months – 6 months = 8 months

For the most effective defense, you should hire an attorney well in advance of the calculated appearance date shown in the parole and discretionary mandatory supervision chart below.

Remember, the Parole Board now places inmates into parole review six months prior to the calculated eligibility date and voting cases as early as three months before the calculated appearance date.

PAROLE DISCRETIONARY MANDATORY
Yrs. 3g Offenses All Other Offenses 3G/508.149 Offenses All Other Offenses
1 N/A 1 mos 13 days N/A 5 mos 21 days
2 N/A 2 mos 25 days N/A 11 mos 8 days
3 2 yrs 4 mos 8 days N/A 1 yr 5 mos 2 days
4 2 yrs 5 mos 21 days N/A 1 yr 10 mos 22 days
5 2 yrs 6 mos 7 mos 3 days N/A 2 yrs 4 mos 12 days
6 3 yrs 8 mos 15 days N/A 2 yrs 10 mos 3 days
7 3 yrs 6 mos 10 mos 0 days N/A 3 yrs 3 mos 20 days
8 4 yrs 11 mos 8 days N/A 3 yrs 9 mos 16 days
9 4 yrs 6 mos 1 yr 0 mos 24 days N/A 7 yrs 3 mos 4 days
10 5 yrs I yr 2 mos 8 days N/A 4 yrs 8 mos 24 days
11 5 yrs 6 mos 1 yr 9 mos 9 days N/A 6 yrs 1 mos 6 days
15 7 yrs 6 mos 2 yr 1 mos 20 days N/A 7 yrs 1 mos 6 days
20 10 yrs 2 yrs 4 mos 12 days N/A 9 yrs 5 mos 18 days
25 12 yrs 6 mos 2 yrs 11 mos 15 days N/A 11 yrs 10 mos
30 15 yrs 3 yrs 6 mos 18 days N/A 14 yrs 2 mos 12 days
35 17 yrs 6 mos 4 yrs 1 mos 21 days N/A 16 yr 6 mos 24 days
40 20 yrs 4 yrs 9 mos N/A 18 yr 11 mos 6 days
45 22 yrs 6 mos 5 yrs 4 mos 3 days N/A 21 yrs 3 mos 18 days
50 25 yrs 5 yrs 11 mos 8 days N/A 23 yrs 8 mos
55 27 yrs 6 mos 6 yrs 6 mos 11 days N/A 26 yrs 12 days
60 30 yrs 7 yrs 1 mos 15 days N/A 28 yrs 4 mos 24 days
LIFE 30 yrs 7 yrs 1 mos 15 days N/A N/A

PAROLE REVIEW PROCESS

  1. Notice: A notice is sent to inmates who are parole eligible. The notice is also sent to victim’s family members, attorneys, and other trial officials.
  2. Initial Interview: A brief interview between the inmate and an Institutional Parole office is conducted. This interview examines the inmate’s life and provides a case summary for the Board to hear.
  3. Board Review: A Lead Voter is assigned to the inmate’s review. The Lead Voter is selected from any of the seven board offices in the state. This voter reviews the inmate’s life summary and prison file.
  4. Board Interview: An interview with the Board usually doesn’t take place during a parole review unless specifically requested by the victim of the offender (or the victim’s family, if such applies.) An attorney may also request a Board Interview, if the necessary paperwork has been properly filed on time.
  5. Board Decision: After the parole board has reviewed the file and conducted interviews, a vote takes place. Three parole board panel members take the vote.

PAROLE BOARD DECISIONS

The following codes are used to indicate the parole board decision.

Approval Codes

  • FI-1: Further investigation- 1 is the code used for an offender who is granted parole and should be released on supervised parole as soon as eligibly date.
  • FI-2: Parole granted, on a future specified date.
  • FI-3R: Inmate is to be transferred to a TDCJ rehabilitation program for a period no less than four months. Offender is released on parole after successful completion of the program.
  • FI-4R: Inmate should be transferred to a Sex Offender Education Program, or SOEP, for a period no less than four months. Offender is released on parole upon successful completion of the program.
  • FI-5: Inmate is transferred to an In-Prison Therapeutic Community Program with release to an aftercare program after completion.
  • FI-6: Inmate is transferred to a DWO rehabilitation program. Release to a continuing care program after completion.
  • FI-6R: Inmate is transferred to a rehabilitation program for a period of no less than six months. After completion, offender is released on parole.
  • FI-7R: Inmate is transferred to a Serious and Violent Offender Reentry Initiative program for a period no less than seven months. Parole release is granted after successful completion.
  • FI-9R: Inmate is transferred to a Sex Offender Treatment Program for at least nine months. Parole release after completion.
  • FI-18R: Inmate is transferred to a Sex Offender Treatment Program for a period of at least 18 months. Parole release after successful completion.
  • CU-FI: Indicates the date of parole eligibility for an inmate serving consecutive sentences.
  • RMS: Release with Mandatory Supervision
  • Denial Codes
  • NRNext Review is also called a set off. The next review can be set for a period of up to 5 years in the future, although most reviews for less serious crimes take place within one year.
  • SA: A Serve All parole board review is a denial of release without a regular review in the future.