Parole Hearing vs Criminal Charge Trial
I need some clarification, boyfriend going to trial next month for new drug charges he received while on a 5 yr parole for previous aggravated robbery charges. The trial he goes to for the drug charges has nothing to do with parole correct? How soon after he is sentenced for the drug charges do they typically hold a parole hearing? And does he require counsel?
Answer: The drug charge is independent from his conviction of robbery for which he was placed on parole. He absolutely requires counsel. Based on my experience with parole revocation hearings in Texas, many times these hearings for revocation can be set even before the defendant is convicted. The burden on a parole revocation is not beyond a reasonable doubt, so it is easier to be revoked. That said, a lawyer should be able to postpone any revocation until after trial, if the drug arrest is the only reason for said revocation hearing. Usually, (but not always) what occurs, is that the defendant will have a Parole hold/warrant and they will wait to have the hearing after the defendants case is disposed.
In short, your boyfriend needs a lawyer for the Drug charge as well as the possible and likely parole revocation. And hopefully, the lawyer for the Drug charge is aware of the revocation laws and can adequately inform your boyfriend of the parole consequences to any pleas and negotiation deals on the drug charge.