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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102329
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son William, now 48, pleaded guilty to indecency with a

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My son William, now 48, pleaded guilty to indecency with a child (inappropriately touched) in july, 1993 for an offense committed in 1992 in El Paso, Texas. He was put on deferred adjudication with probation for 10 years. Because of crack cocaine drug addiction and bipolar problems his probation was finally revoked when he left our home and went homeless to do drugs in august 2004. He was apprehended december 2004. His probation was revoked and he was sentenced to 8 years in TDCJ from the time of his apprehension. He has been a model prisoner, strongly renewed his faith, and no longer has any interest in drugs. He has just received a notice from the parole board that he will be granted parole with a target release date of december, 2011. The conditions of parole have many restrictions. William has never reoffended his original offense. Can he refuse this parole? If so What must he do to refuse parole? If he refuses parole will he be subject to any other requirements or restrictions on completion of his full sentence in december 2012 in addition to registration as a sex offender?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Yes, he can. Parole is a privilege, and not a 'right.' If he refuses it, he will simply continue serving his time in prison. It is highly unusual for an inmate to refuse parole. If asked why, the best thing to say is simple, "I am not ready and would like more time to better myself."

However, if he does this, there is no guarantee when/if the parole board would again consider his file. He will not automatically be subject to harsher requirements more than what he already has. He will have to register as a sex offender regardless of when he leaves the facility, I am afraid.

Texas provides free attorneys at parole hearings. He should take to his attorney before making any statements at the time.

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