View Full Version : Be good in jail, serve half your sentence?
02-25-2007, 01:30 AM
My husband has been sentenced 6 months in Lychner state jail. My father-in-law had called the Harris County sheriff's dept (he was held in Harris before being transferred into TDCJ) and they told him that he has 6 months, but if he stays on good behavior, he could get out in 3 months.
Is that true?
02-25-2007, 11:21 AM
Sorry, but state jail time is day for day no early out for good behavior, they might have been thinking credit for time served while still in county.
02-25-2007, 11:26 AM
Yeah, and according to his release date vs. his sentence time, he is getting credit for that... and also for the almost 2 weeks he spent in a Missouri jail before being extradited.
02-25-2007, 11:28 AM
Didn't I read somewhere on a post on this website, that there is a difference between serving state jail time and serving TDCJ time in a state jail?
Or did I just get totally mixed up?
02-25-2007, 01:17 PM
Yes some state jails house TDCJ inmates too. Those that are sentanced to state jail serve day for day.
My son spent almost a year at a state Jail as a TDCJ inmate so State Jails house both. Hang in there! Katy
02-25-2007, 10:42 PM
There are no TDCJ inmates in Lychner. Just state jail confinees. He will be released the morning of the day that is shown as his max date and no sooner. It is day for day when doing a state jail sentence. Be there waiting outside the fence in line with the other cars before 7:30am with a change of clothes on the day that he is released. Getting there much earlier than that will make no real difference. Shoes, socks, underwear, pants and shirt. No belt or undershirt or anything else. Be prepared to wait several hours until he is released after you take in the clothes.
02-25-2007, 10:46 PM
Ok... so what is the difference between a state jail inmate and a TDCJ inmate?
02-26-2007, 09:41 AM
A state jail inmate is serving a 2 yrs or less sentence day for day. At Gist state jail we have only about 300 state jail confinees about of a population of about 2050. They say we are not going to be an overflow for Lynchner anymore.
02-26-2007, 10:09 AM
Yes, there's a difference. Both are held by TDCJ but someone guilty of what is called in the law a state jail felony goes to a state jail and does their time day for day. Some state jail facilities are also used to house TDCJ "inmates" but they are kept seperate from the state jail "confinees" that are also there. A state jail felony is supposed to be a lower class of felony than a TDCJ felony of first, second or third degree. most other rules apply the same but there are some differences. For instance, inmates must wait 90 days before a contact visit but confinees only 30. Actually, that and the day for day are the only two that pop into my mind right now. Because a confinee gets no credit for good time or get out any earlier or be held longer they often have a don't give a crap attitude so state jails can be not a lot of fun. Serious gang presence is in Lychner. Fights all of the time. My cousin did a little more than four of his six months there and only got into anything once and he could have avoided that but that was one more time that he should have continued to swallow his pride but he let it get the better of him. What he did was nothing at all but anything at all can get one jumped on. Other than that he had no problem staying to himself and just doing his time.
02-26-2007, 10:26 AM
Yeah, that makes sense because my husband is just in for violating his probation from a theft charge from 5 or so years ago (before we met - we are pretty much newlyweds!).
02-26-2007, 10:36 AM
Wow, he was still on probation after 5 years? Sounds like the original charge was a TDCJ felony and he got a break with the six months state jail this time.
07-20-2007, 12:05 PM
Ive been on probation for 3rd degree felony for 7 years total and was revoked and sentenced to 8 years TDCJ time how much time does anyone know that i will have to do before i go up before parole? Should i get a parole lawyer? HELP PLEASE
07-23-2007, 07:21 AM
Since you were on probation I'll assume that your offense was not 3g I'll go out on a limb and guess that you will do roughly a year or so before becoming elligible for parole as long as you don't catch any cases and can keep your good time earning status. With good time you should earn time at about double your flat time. Many people have different opinions about parole lawyers. I think that your chance at making parole any sooner than later depends upon what your offense was. Some offenses are more politically sensitive than others. My wife is in for DWI, for instance, and will get no breaks as far as parole. I personally do not think that a parole lawer would do her any good. The BPP chair persons own words are that the BPP will release someone only when and if they get good and ready. And that was in response to them ignoring guidelines mandated by the legislature - never mind what a parole lawyer might be begging for. Keep in mind that there is no legal grounds upon which a lawyer can base a case for parole if the BPP doesn't want to parole you. There is no judge or jury. There is only what BPP wants to do and they are in complete control of that. Having said all that, if I could scrape together the money I would probably hire a parole lawyer for my wife this next time around just in case it would make a difference.
07-26-2007, 08:53 AM
Ok, I got a couple of questions as far as service of time... :confused:
Frank is looking at 3 years TDC time for the 3rd degree felony he is being held on. The DA is being a butt and won't budge on negotiations at all. His status hearing was a "failure" yesterday and has another set for August 29th. Now when I met with a private atty to see what he thought about the case, he mentioned something about a 25% minimum of time. Does this mean he would have to serve 25% of the sentence before he is even considered for parole? And what about credits? I know he will get the time he is currently sitting in county, but Frank says its 2-for-1 or even sometimes getting 3/4-for-1? Is this true? And let's say he hypothetically gets the 3yrs... and its tied up in hearings for 9 months or so, does that mean if he gets the 3 and is finally transferred, then there is a possibility that when he gets transferred and has already got 9 months credit, he will be reviewed for parole soon? I am soooooooooooo confused with all of this... and what about indictment time? Technically he has not been indicted yet (after a month and a half already)... don't they have like 6 months to indict and if they don't indict, they are required to release him and drop the case?
If anyone can help, it would be SOOOOOOOOO appreciated... I am more confused now than when I went up there to the court. They didnt even bring Frank into the courtroom and the atty's seemed offended that I even showed up! Like I was "invading their privacy" or something! It was an OPEN COURT! I am gonna be there with anything involving my husband and if they dont like it they can BITE ME!!! :angry: (sorry... venting there)... Anyways, ANY help in finding out this info would be appreciated. Thanks! :thumbsup:
I can't answer all of your questions but maybe I can help with a couple of them and hopefully others will come along and add their knowledge also. As far as the indictment time frame --- my son was held 6 months and I think his lawyer said they could hold him up to 2 years before they HAD to do something. County time is credited toward the TDC sentence but the 4 for 1 is doubtful. The best I remember they gave Jason an extra 2 weeks credit when he went to TDC and he had worked as a trustee on a road crew. I don't know where the lawyer gets the 25% figure from. When it is all said and done the only people who have any say about how much time will be served is the BPP. I had a lawyer tell me my son would only serve 6 months TDC and he did 21 months on a 5 year sentence his first time in. This was before I knew that they know zilch about how much time will be served. I know you are looking for some hard fast answers but to be totally honest there just aren't any to be had. I wish I could help you more --- maybe others will come and share what they know. I do wish you the best and hope this is behind you soon. Hang in there --- I know it isn't easy to do. Katy
10-14-2007, 10:31 PM
The 1/4 comes from the parole "rule" book. It can be found on the TDC website. Basically, for non-aggravated offenses, when you flat time and "good" time equal 1/4 of your sentence you are eligible for parole. Any time spent in county jail counts towards your flat time at TDC. For example, if you have a five-year sentence (60 months) then you will be eligible when your time equals 15 months (1/4 of 60 months). Someone will come along and correct me if I'm wrong, but the parole handbook can be found on the TDC website.
10-16-2007, 06:56 PM
My Husband Has 3 Years For Probation Violation.....well Possession Really And He Was Eligible For Parole 9-26 And We Are Waiting For Any Answer Now!
01-03-2008, 01:38 PM
I have a little more insight now, and can clarify even more for you, using my daughter's situation as the example. On October 16, 2007 she was sentenced to 5 years TDC institutional time for a probation violation. She had been in county jail since August 6 or 7, 2007. She caught the chain December 19 and her parole eligibility is March 3, 2008. So, TDCJ apparently gave her all of the flat/calendar time from August 7th, plus good time, plus work time because when I do the "calendar math", by the time March 2008 rolls around she will have done about 15 1/2 months according to those calculations (flat, "good" "work"). Here is a link that may help you to understand. These are guidelines -- as everyone here says, when it's all said and done, TDCJ will do what they want to do....Parole eligibility is on page 52 I think: