Can I Appeal a Denial of Parole?
This is a bit of a tricky question in Texas. When parole has been denied, the offender can certainly send a Request for Reconsideration but, realistically, unless the Parole Board did something like consider evidence that wasn't a part of the file (ex. make their decision based on the wrong file) then it isn't likely to be granted. Add to this, the offender never knows what was reviewed or what made the difference in the decision since the reasons given for the denial are general in nature and there is no record of what was reviewed.
Some states allow for a review by the courts if parole is denied but Texas doesn't have that procedure. The offender can sue the Texas Board of Pardons and Parole but it is more along the lines of a civil rights suit and not a strict appeal of the denial of parole.
A lawsuit is rarely successful because the Texas courts view parole as a "privilege" and not a "right". No one is guaranteed the right to parole any more although there are movements to change this. One thing that causes this misconception is that there is something called a "mandatory release date" which has now been changed to "Mandatory Discretionary Release date", an oxymoron created by the legislature when they decided they didn't want certain offenders to be entitled to parole.
Most lawyers will tell you that suing for being denied parole is a waste of money in virtually all cases, which make it even more important to make a strong case for the parole being granted initially either through using a Texas parole attorney, like those who advertise on this site, or through the preparation of a strong Texas parole packet.
People ask us "When is the time to start preparing a Texas parole packet?" Most of you know that a parole packet or a parole presentation package is a collection of documents and pictures sent to the Texas parole board to help them get to know the potential parolee a little better. This is particularly important in Texas since there is not an interview nor does the offender ever meet with an actual member of the parole board who will be voting.
Our answer as to when to start is always the same.
There are many reasons for this, but the main thing to remember is it is better to have the information and not need it, than to need it and not have it. Many times it takes much longer to get the information together than you would think and people are forced to submit packets without all of the materials. When you are trying for parole in Texas you need every bit of help you can get.
We discuss the various parts of the packet in our eBook, How to Prepare a Texas Parole Presentation Package, available as a download which can then be used to prepare the packet or as a download and printed copy. As a bookstore, we can mail the printed copy to a prisoner at his unit or directly to you. By all means, if you can afford a parole attorney, hire one, but if you can't, our low priced eBook will help you to do the best job possible.
Burden of Proof in Parole Revocation Hearings
Once someone has made parole and left prison to continue their life they are obligated to follow the “terms and conditions” to which they agreed and signed in their paperwork.
2022 Version of How to Prepare a Texas Parole Packet is Now Available
The 2022 version of How to Prepare a Texas Parole Packet is now available.