I *think* this post belongs here

Basenjichaos

Registered
Joined
May 17, 2016
Messages
19
Reaction score
2
My plot: I have a mean bad guy who is on parole in Texas. My current requires him to violate his parole (maybe by failing a drug test unless I think of something better), and to know that he is going back to prison very soon as a result. If you show up to your PO's office in Texas, I assume you provide a urine sample for drug testing and they do some kind of chemical kit magic with it to determine whether you've been using. Are these correct assumptions, and is it an immediate that you will be arrested, or would you be able to mosey out of the building knowing you had a few last days of freedom before the law comes looking for you?
 

T Robinson

Born long ago, in a different era
Super Member
Registered
Joined
Sep 22, 2013
Messages
1,282
Reaction score
212
Location
Southern USA
It totally depends. Most of them don't bother to show up if they know they are going to test positive. Also remember that in some cases/states, parole and probation are different entities. And to be blunt, many judges are not going to send someone back to prison just for failing a drug screen. In many jurisdictions, that is considered a technical violation, which would not trigger a complete revocation to the balance of the sentence. Research your locale, there is usually information online.

If you want to ensure he goes back to prison, hopefully, since some judges are wishy-washy, you need a new felony charge.

Check your definitions also. Probation is usually a prison sentence that the judge allows to be served "on the street," if certain conditions are met.
Parole is an early release of the confinement portion of a split sentence (confinement for a period of time, followed by probation). Probation terms take effect after the confinement portion of the sentence in most cases.

HTH
 

jclarkdawe

Feeling lucky, Query?
Super Member
Registered
Joined
Jan 18, 2007
Messages
10,297
Reaction score
3,861
Location
New Hampshire
As T Robinson says, parole and probation are two different things, which may be handled by the same individuals or may be separate departments. One dirty urine is not likely to get someone returned to prison. I've seen inmates with a dozen dirty urines and not returned to prison. On parole, you can be returned to prison, or sent to the parole board for review of your status, or you can go in front of a judge. Different states do this differently.

If a parolee expects to be violated, he probably won't show up at the parole office. But usually a parole officer isn't going to give warning. But if someone is going, he's not going to be allowed to wander away. Factor into this the stupidity of your character. Usually what gets a violation is the police suspect something, but don't have enough for an arrest.

Most likely cause to scare a parolee is when he's out on parole, gets into a trouble with the police and either runs faster or they don't take him in, and knows that the police, once they figure it out, will be charging him with a new felony and as soon as that happens, he's violated on parole, so bail is not an option.

Another good option is when the parole officer does a home visit, parolee is not there, and parole officer finds his stash, or his old lady dumps on him. He sees or hears about this, know he's going to be violated as soon as his parole officer can find him.

Best of luck,

Jim Clark-Dawe
 

GeorgeK

ever seeking
Super Member
Registered
Joined
Jul 17, 2007
Messages
6,577
Reaction score
740
ankle bracelets