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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118688
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband just got a positive parole vote been in prison 6

Customer Question

My husband just got a positive parole vote been in prison 6 months on a three year sentence. Was charged with cell phone possession, found under his pillow, but all cells are open, and we have proof we use Correctional Billing Services for our calls. At hearing, he was found guilty, lost 180 days of good time, and recategorized from a G-2 to a G-5 line class-this is in Texas.... Obviously not his, obviously not good, what can we do? Thank you very much for your time.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
He had a chance to appeal through the prison's appeal process. It would seem to me that the prison officials investigating this matter would have checked the call history on the cell to determine who the phone belonged to. However, one thing against your husband the mere possession in an inmate's cell is a violation and it does not say that the phone has to be his, but if the cells were open all day, then this is an argument for appeal to the warden who has ultimate discretion on the matter. If the warden denies him, then that is the end of the road and I am afraid there is nothing else you can do.

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