Darcy Vargas says it felt like an early Christmas present when her son Gerald was paroled in early December after serving more than a year in the Texas prison system on drug charges. Once he completed a six-month rehabilitation program, a condition of his release set by the state parole board, Gerald was able to go home. “We were so excited we thought he was going to be out for the summer,” Vargas told me. “We have a job waiting for him and all.”
But that excitement eventually turned to frustration. While the parole board approved Gerald’s release in December, prison officials said the earliest he could begin his required rehabilitation program was February 2020. In March, he was approved to be transferred to another facility to begin the six-month release process, but then COVID-19 struck, disrupting Texas prisons and halting both visits and most inmate transfers. The Sanchez State Penitentiary in El Paso, where Gerald is currently being held, has been closed for more than a month after inmates and staff tested positive for the virus. Then, in late April, officials told Vargas their son would have to wait to start his program.
Should I get tested if I haven’t been drinking that much?
You’re an adult so it’s really up to you, but our advice (from 10+ years of DWI case management) is NO. You should not use standardized sobriety tests in the field. Your DWI case is harder to defend if you look drunk on video. Even if you haven’t been drinking that much, there are many reasons why you could appear drunk in the video:
- You are extremely nervous and have a high stress level when you get kicked out of your car in the middle by a policeman at night
- Your footwear (heels, flip-flops, etc. )
- The wind is blowing hard
- It’s cold outside and you’re shaking
- you have an old injury that leaves you limping or not walking “normally”
- you have poor balance (even on a good day)
) Compassionate release:
The Code The United States has provided for this mechanism under Title 18, Section 3582 for many decades. However, until the Law of the First Step, administrators rarely recommended a person for mercy release. The First Step Act is, in the opinion of our team of Prison Professors, the most significant correctional reform act since the Comprehensive Crime Control Act of 1984.
To apply for release from prison, an individual must apply with the warden. Your application must state that your particular situation has changed since the judge sent you and the changes are “particularly exceptional or compelling” in nature. Since the changes could not have been foreseen prior to sentencing, the person may argue that the judge should have an opportunity to review the sentence to determine whether further incarceration is warranted.
How We Can Help
While we do not expect the offering and availability of pre-release programs to change, Cox Law’s experienced parole attorneys can help you and your family understand this Behavior. , work, and curriculum that can optimize your loved one’s chances of gaining the privilege of parole. We do not accept probation cases. We represent probation officers. And we fight for their freedom. For more information on how we can help, please contact us immediately.