Can a Defendant, as part of a plea bargain, waive his right to apply for parole for a set term of years? Specifically, I will not apply for parole for twenty years.

We are on a short leash so hopefully, all you smart folks can give some cites.

[This message was edited by Gordon LeMaire on 06-10-03 at .]

In plea bargaining, we should be careful to avoid making any agreement that can't be enforced by a judge. There is no way for a judge to prevent a Board of Pardons and Parole from considering parole, absent a statutory provision like in the Government Code for 3g offenders (must serve at least 50%).

This issue is discussed in The Perfect Plea on page 24 (in general) and page 46 (in specific as to parole).

In addition, it is difficult to monitor and enforce agreements that aren't completed there in the courtroom, absent making it a condition of a probation.

Last year, Travis County prosecutors got into trouble when a defendant complained that the DA had been protesting parole, despite an agreement not to protest parole. Seems the agreement was made by a previous DA (in 1969) and there weren't any written records. So, the judgment got reversed, decades after it was imposed.

I agree completely with John but you might also look at Art. 1.14 C.C.P. It allows a defendant in a criminal prosecution for any offense to waive "any rights secured him by law" except a jury in a capital case unless permitted.

Just a thought you might examine. Good luck. Judge Larry Gist

Thanks for the input.

I'd wondered about this one too.