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  #1  
Old 05-06-2009, 07:55 AM
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Default Does anyone know about Bench Warrants??? Need Help!!!!!

Ok, I need some help from you all!!! We found out husband had a Bench Warrent (warrent out for his arrest, I guess) I don't know much about all this. He has been in TDC for the past 5 years (this mess happend about a month before he went in to TDC, now it caught up to him) anyways, the county went to get him at his unit to take him to the county jail on this bench warrent. He goes to court tomorrow and I was just wondering since he's been in prison for the past 5 years and has 5 more years to do, wouldn't the court run this new charge concurrent OR give him more time added on ??? Has anyone had to go through this before or does anyone know anything about it? If it helps, yes he does have a lengthly background and this new thing is a felony too.
Any help / advice is greatly appreciated!!!!
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Old 05-06-2009, 10:12 AM
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The best advice I can give is to retain an attorney--no one can predict how the courts will rule. An attorney could plead for "time served" in the best case scenario, or maybe something else acceptable--Royce?
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Old 05-06-2009, 10:34 AM
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Yes, you will need an attorney. And they will ask for "Time Served".... Unless it was a very violent or heinous crime, I don't see why the court wouldn't grant a "Time Served". In that case he's already been serving time for both offenses (concurrent).
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Old 05-06-2009, 11:21 AM
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Well, he does have a court-appointed attorney (I spoke to him the other day, he sounds pretty good, but..........we all know how the court appointed ones are) I just don't have $3,500 - $10,000 for a Attorney. No, it wasn't violent (theft by check) not too serious but it was for a lot of money. Thanks
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Old 05-07-2009, 04:53 AM
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You can ask to run any sentence he might get (if he's guilty, I have no idea whether he is or not) to run concurrent with the one he is already serving.

This is why it's better to address these things ASAP when you get locked up, so that if you get additional time, you can run it concurrent for as long as possible. Depending on how much time he has left on charge No. 1 and how much time (if any) he gets on charge No. 2, his stay could be extended, possible quite a bit.

If he gets time, he should request to the judge that he been credit for every day (concurrent) since the charges were filed. It's a gray area when a person is serving multiple sentences, but I would darn sure fight for it, especially if the charge is five years old. The argument would be "Look, I was ready and willing to go to trial five years ago when the charges were first filed, but the DA drug things out. Had I not be in TDCJ, I would have been sitting in your county jail awaiting trial. So according to case law, you are holding me for this charge, thus I must be given credit for this time which I spent in custody."
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Old 05-07-2009, 10:20 AM
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There are legal limitations on how much, if any, of the time he has spent in prison the past five years can be applied to any sentence he might get for this new (old) offense. All he can count on getting is any time spent under arrest or detainer for this offense credited towards the sentence. It is very common and you can probably expect for the judge to run any new sentenc concurrent to his existing one but just because a new sentence is allowed to run concurrent to his existing one does not mean he suddenly gets five years credit towards it. Only time under arrest or detainer for the offense is counted as backtime.
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Old 05-07-2009, 01:46 PM
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RObinsman is absolutely correct. It is not automatic that he will receive credit for his TDCJ time on the offense in the New County. Now if the county had a hold on him all that time, that would be different, and he would get credit. Waiting five years would leave me to beleive that the county did not have a hold on the guy or they would have gotten him sooner. If they did have a hold for five years then the defendant would definitely be entitled to relief for violation of his right to a speedy trial
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Old 05-07-2009, 01:58 PM
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_______________UPDATE_______________


Just found out he pleaded guilty and recieved 2 years state jail time.

I'm assuming that means when he gets done with this TDC time (in 5 years)
then he'll be transfered to the State Jail to do these 2 years???
OMG!!!!!!!!!!!!!!!! I cannot think right now, I don't know what to make out of more time.
I can not keep going through all of this alone (well, I know I have y'all, which I am sooo thankful for)
I don't know if I should try to stay strong for him or move on or what, just confused right now. I'll shut up for now, nobody wants to hear all this.

Thanks Everybody
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Old 05-07-2009, 02:09 PM
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was the two years to run concurrent or consecutive. If concurrent he will be serving the State Jail time the same time he serves the TDCJ time, if consecutive, then he will start the state jail time after he iether aroles or discharges the tdcj time.

As an aside, 2 years state jail is the max someone can receive for a State Jail Felony. Why in the world did agree to the max on a plea bargain? That just sounds insane. What does he have to loose by fighting the charge? He can't get any more time. That sounds like some terrible lawyering
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Old 05-07-2009, 02:28 PM
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I agree. Two years state jail on a five year old case is not much of a deal. As spawgan says, if the charges have been pending all this time then there should have been grounds to argue for dismissal for delay. If the charges have not been pending then they must have just snuck in under the time limitation of five years if he has been in prison for that long and this happened just before. Smells to me like his attorney put most (or all) of his effort into convincing his client to take a sucker deal in order to collect his fee with as little effort as possible.
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Old 05-07-2009, 02:44 PM
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OK, I just talked to the Clerk and she said she thinks this 2 years will run concurrent (but TDC) will figure it out, because he has a lot of back time done. All I want to know is - will he be doing 7 more years or just 5 more???
I guess nobody knows yet (not talking about you friends here, y'all are the best!!! I am talking about the Court and Lawyer). I (personally) would think if he has alot of 'backtime' he wouldn't have to do 2 state jail years. But as y'all can see, I don't know anything. Thanks
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Old 05-08-2009, 01:38 AM
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He won't do an extra day more. The ONLY thing that MIGHT be affected is he won't be paroled until his state jail time is up. Why would he even want to be considered, since he's not going anywhere anyway? Might as well let that clock run on both sentences.

I suspect the reason he got 2 years state jail (instead of, say, 6 months) is that everyone knew it's only "paper time". He won't serve an extra day.
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Old 05-08-2009, 05:56 AM
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If the state jail is set to run concurrent (which it probably is) then he will not do more time than the five years he has remaining. As Mark said, it wil have the effect of making sure he is not released on parole on his original sentence until the two years of state time is done.
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Old 05-09-2009, 04:57 AM
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So he goes and does the next two years in the state jail (although in practical matters he may get send back to an ID Unit since he is serving both sentences simultaneously). Then his ID sentence is down to three years and --- assuming there is nothing more --- he can legitimately begin to think about the future at that time.
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Old 05-09-2009, 08:07 AM
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He may or may not be transferred to a state jail facility. I think he can serve both sentences at either place. I suspect that whether or not he moves will depend on where it works best for TDC to have him from the standpoint of managing housing. What you said in your second sentence is correct. He will have no chance for parole the next two years (minus what back time he gets for the state jail sentence) and then he can hope for it during the final three years of his ID sentence. Though it is a small detail, it is possible for them to approve parole on his ID sentence while he is still serving his state jail time which would set him up to be released the day that two years is done - you can only wait and see how things play out - but the odds are low so it is best just to stick with expecting what you know is a minimum and let anything better be a surprise. On the side, I think that if something like that were to happen it would be if he were housed at at state jail facility where he could be released directly without going to Huntsville.
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Old 05-09-2009, 11:10 AM
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I would think that he wouldn't be transfered to a State Jail facility. They are over crowded more that the State pens. He will have to serve the State Jail time first as the previous two posters mentioned. I know he won't be eligible for parole until State Jail time is up. My question for RobinsMan is this: will his good time earning completely stop for those two years, or because he is already in serving the first charge will he still be eligible to earn good time for that charge during these two years?
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Old 05-09-2009, 07:17 PM
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Yes, he will continue to earn good time on his ID sentence while the state jail sentence is in effect.
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Old 05-09-2009, 07:28 PM
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Quote:
Originally Posted by RobinsMan View Post
Yes, he will continue to earn good time on his ID sentence while the state jail sentence is in effect.
Thanks, I am always trying to increase my knowledge.
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Old 05-09-2009, 07:33 PM
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Im new to this and just happened on this page. My daughter also was in lockhart,and they benched her back too harris county on a warrant .what is wrong here, she went too like 5 different places before she made lockhart .she is doing two years right now,shes already done 16 months sitting in galveston county and all the places in between her way too lockhart. What do you think is going to happen now, im her mom and her only contact. Any thing you have to tell me would be a great help.
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Old 05-09-2009, 10:42 PM
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Quote:
Originally Posted by KRISTIE'S MOM View Post
Im new to this and just happened on this page. My daughter also was in lockhart,and they benched her back too harris county on a warrant .what is wrong here, she went too like 5 different places before she made lockhart .she is doing two years right now,shes already done 16 months sitting in galveston county and all the places in between her way too lockhart. What do you think is going to happen now, im her mom and her only contact. Any thing you have to tell me would be a great help.

As with most bench warrants the county calling for the warrant wants to make sure the offender in the case does the time for all crimes. Like previously stated, there are limitations of "good time" - "time served" for violent offenses. I agree with other posters that a lawyer should be contacted in all criminal cases to make sure the defendant has the best chances possible. I think you should contact a lawyer as they are able to get more details than even you as a Power of Attorney would be given.
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Old 05-11-2009, 09:46 AM
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Kristies Mom, I'm not sure what you are asking. Is she still in Galveston on bench warrant and you are wondering about how that will turn out or are you asking about her situation having done 16 months out of a 24 month sentence? As far as her two year sentence, if your daughter is at Lockhart then she is doing a two year ID sentence and if she has done 16 months of that then she has been denied parole her first time up as well as release to mandatory supervision, if she was eligible for it in the first place. If she is not eligible for release to mandatory supervision then I think she has to do all two years with no chance of early release. However, if that is not the case, then she might get one more shot at parole in the final eight months depending upon the timing of the first denial. Of course, we'd have to hear more about the reason for the bench warrant to comment about that part.
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