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5 Common Myths About Technical vs. Substantive Parole Violations in Texas

The lawyer is meticulously examining the judicial documents_s

When a loved one is on parole in Texas, the rules can feel like a minefield. Many families believe that as long as their loved one isn’t “getting into new trouble” (committing a new crime), they are safe. Unfortunately, this is one of the most dangerous myths in the Texas criminal justice system.

At Guest & Gray, we represent individuals in Kaufman, Rockwall, and Dallas Counties who are facing parole revocation. We see firsthand how misunderstandings of the law lead to avoidable prison time. Here are five myths you need to stop believing today.

Myth 1: “Technical violations aren’t serious enough for prison.”

The Fact: In Texas, the Board of Pardons and Paroles treats a “technical” violation—like failing a drug test, missing a curfew, or failing to pay fees—with extreme seriousness. While these aren’t new crimes, they are breaches of a contract with the state. The Board has the full authority to revoke parole and send someone back to finish their sentence for a single technical violation.

Myth 2: “If it’s a first-time violation, they’ll just get a warning.”

The Fact: While some parole officers (POs) are lenient, others are “paper-heavy” and will file for a Blue Warrantimmediately. There is no legal requirement for a “warning” first. By the time a family realizes there is a problem, the warrant has usually already been issued, and the defendant is in custody with no bond.

Myth 3: “A lawyer can’t help until the actual hearing.”

The Fact: Waiting for the hearing is a mistake. An experienced Texas parole lawyer can intervene the moment a violation is alleged. We can speak directly with the Parole Officer or the Supervisor to present “adjustment evidence”—proof of employment, negative private drug tests, or family hardships—that may convince them to withdraw the warrant before a hearing is ever scheduled.

Myth 4: “Substantive violations (new crimes) mean automatic revocation.”

The Fact: If your loved one is arrested for a new crime while on parole, it is called a substantive violation. While this is high-stakes, revocation is not automatic. We often fight the new criminal charge and the parole violation simultaneously. If we can get the new charge dismissed or reduced, we can often save the person’s parole status as well.

Myth 5: “The hearing officer is like a judge and will be fair.”

The Fact: Parole hearings are administrative, not judicial. The “preponderance of the evidence” standard is incredibly low—essentially a “more likely than not” standard. Without an attorney to cross-examine the Parole Officer and object to hearsay, the hearing officer is often only seeing one side of the story.

The Parole Revocation Process: What Happens Next?

If the Parole Division decides to move forward, your loved one will go through a specific administrative process:

1. The Interview: A PO interviews the defendant in jail. Do not waive your right to a hearing here.

2. The Preliminary Hearing: To see if there is enough evidence (probable cause) to hold the person.

3. The Revocation Hearing: This is the “trial” phase. Evidence is presented, and witnesses testify.

4. The Board Vote: A three-person panel in a different city reviews the hearing report and decides their fate.

Law office and judge's gavel

How a Guest & Gray Lawyer Protects Your Freedom

We don’t just “show up” at the hearing. We build a defense designed to give the Board a reason to say “Yes” to continued supervision. This includes:

● Negotiating Alternatives: We fight for placement in an Intermediate Sanction Facility (ISF) or a Substance Abuse Felony Punishment Facility (SAFPF) instead of a return to the TDCJ.

● Evidence Gathering: We collect letters of support, employment verification, and medical records that the Parole Officer might have ignored.

● Expert Representation: We handle the “Blue Warrant” in the county jail while coordinating with our criminal defense team if there are new charges in Kaufman or Rockwall.

Don’t Let a Misunderstanding End Your Freedom

If you or a loved one is being threatened with parole revocation, you need local advocates who know the Texas Board of Pardons and Paroles.

Call Guest & Gray today at (972) 564-4644. We offer the aggressive, strategic defense necessary to keep your family together.

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