Legal Question in Criminal Law in Texas
My brother is on parole and was picked up and charged with aggr robbery with a deadly weapon. His charges where dismissed but he has a motion to revoke his parole on there now and they will not release him. The lawyer we have is not helping with getting this motion off and not giving us any kind of information. We have went to his parole office twice and are doing the leg work to try to get this off. He went to court today and he has been dismissed since the 7th of this month. My question is, is this the lawyers job to make sure she folllows up with parole office and remove motion and keep us in the loop? Also if it has been 13 days since it was dismissed, is she not doing her job by dragging her feet to contact parole office and remove motion?
1 Answer from Attorneys
It is not the lawyer's job if the lawyer was not hired to represent him on the parole matter (which is generally the case. You must pay a separate fee to have the lawyer assist on the parole case.) If the lawyer was appointed on the robbery case, then the lawyer has absolutely NO obligation with regard to the parole case. She is NOT appointed to represent him on the parole case (and he is not necessarily even entitled to an appointed lawyer for that case but even if he were, it would be a different lawyer.) Also, regardless of whether the lawyer is hired / appointed to handle the parole case, she has zero obligation to the family - she represents the client only. She is to keep the client informed but if she has no information, then there is nothing to tell. It is the client's option on what to share with the family.
Regarding the parole issue - just because the criminal case was dismissed does not automatically mean that the parole case will be dismissed. Frequently parole moves forward on the underlying facts of cases that have been dismissed which demonstrate parole violations. If there is evidence your brother had a gun and that is a violation of parole, he can be revoked. Moreover, the burden of proof in a criminal case - to obtain a conviction - is beyond a reasonable doubt but the burden of proving a parole violation is only by a preponderance of the evidence - a significantly less burden. Just because the State feels they cannot make the case and meet their high burden of proof does not mean that parole feels the same way with their lesser burden of proof.
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