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Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

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  #1  
Old 05-28-2014, 12:37 PM
luvmylife14 luvmylife14 is offline
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Default Facing 7 years TDC, what is the probability of probation??

I don't even kno if im putting my question in the right place but im gonna give it a shot, I am facing 7 years tdc for del and man cont substance 4-200 g (two of them, in the first degree) it was a nark that apparently had a cop with him who witnessed the sale, I had no idea a cop was involved until almost a year later I was arrested for it, within that year ive had my first and only child who completely changed my life, ive been to court 4 times all with the same offer, my attorney keeps sayin he believes once I go before the judge he thinks that he will give me probation since ive changed my life around and hes a very forgiving judge and he believs in giving ppl chances, however he also said the da said theres no way they will give probation for my charges because of 2 previous state jail felonies out of a different county from 2010 that are both non drug related and I got them both at the same time,since that was my first time in trouble after sitting in county jail for 10 1/2 months I finally got time served. so ive never had probation before, I really have completely changed my life, so in everyones experience with drug man in texas what was the outcome? also before I got clean ( before I got prego) I was pulled over and got poss under a gram for meth but it was no billed, can they use that as a previous drug charge since it was no billed? plz anybody if u have any advise or comments plz share, oh and btw since ive had my son and while I was prego ive had the same full time job I work every day and come home to b with my son every single day. I have no other life besides my baby. thanks for anyone that took the time to read and respond
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  #2  
Old 05-28-2014, 03:57 PM
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Unhappy how long can court hearings last ?

I am wanting to know how long can a decent attorney carry out a court process? and im guessing the longer you go to court the possibly less they may offer as time goes along? say they start at 7 yrs for the first 4 court dates, is it likely for them to come down as court continues months later on a first degree felony? like to say possible probation???plz help anyone
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Old 05-28-2014, 06:11 PM
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Welcome to PTO! Iíve moved this thread to the Texas Parole Forum in hopes that you will get more feedback!

I donít know the answers to your questions, but I hope someone who can help will be along soon. I wish you the best of luck!
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Old 05-28-2014, 06:42 PM
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If one is on bond, it is not uncommon to drag a case out for a few years in some Counties, while in others, the DA and the Court may push for a trial setting inside of six to eight months. You do not say which County you are in, so it is difficult to say for sure.

You initially reference a seven-year term but then discuss an open plea to the Court...which tends to suggest, bolstered by your subsequent post in the thread, that there is no firm deal in place yet. If you have agreed to the seven and then back out prior to the Court accepting the plea, you will likely not be happy with the outcome. And even if there is no agreement in place, you STILL may not be happy with the outcome on an open plea, especially with discussion of prior offense history.

Adding to the problem you will face is if there has been a PSI already performed...if you were attributing the pending charge to a 'narc' then there will be negative references to your acceptance of responsibility and acceptable levels of remorse for your actions. The CI had nothing to do with your decision to become involved in the transaction, nor does having a child change the involvement in illegal transactions after having previously been sentenced for other criminal conduct.

The incident in which you were no-billed would not be available as an enhancement paragraph since there was no conviction but it IS an extraneous act that can be considered by the Court and WILL be viewed negatively by the Court...you could reasonably expect that the State would subpoena the arresting officer from that case to testify about the presumptive field test results.

Oh, and if you DID manage to get probation, you could also reasonably expect that you will have the SAFP component as a required condition which will mean roughly eight to nine months in custody at a minimum (inclusive of waiting time) and possibly as much as a year. You would also likely be maxed at the ten-year term of supervision.

Nobody here can say what your particular ADA might do in the case, although you MAY be well-served seeing the case drag out beyond the elections. Your biggest problem is that you were caught in a hand-to-hand deal, which makes it FAR more difficult to plead it down to simple possession. There is no question about what you were doing, and as such, you are pretty much stuck with the first-degree charge.

Also, be aware that if you somehow lucked out with a deferred on the charge, you are subject to the full nut of up to 99 or life if you ever screw up the period of supervision. A straight probation will at least cap your maximum exposure...
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Old 05-28-2014, 10:29 PM
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My husband got 5 instead of 7 and is only going to do like 6 months plus his county 6 months that he already did on similar charge. The judge went for 5 instead of 7 pretty much....
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Old 05-29-2014, 12:00 AM
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My husband got 5 instead of 7 and is only going to do like 6 months plus his county 6 months that he already did on similar charge. The judge went for 5 instead of 7 pretty much....
yeah, and the converse happens on a regular basis all around the State...one client I worked with rejected a plea offer because he didn't want 10 years and was just SURE he could get probation on the open plea...he is working on a 35 year sentence right now, and it was not drug-related nor did it involve violence nor was there a history of other felony conviction. Release came on their fourth consideration for release...

Or then there was the client with the plea offer of 4 who instead went open and got stuck with 8 that included a deadly weapon finding...the DW would have been waived as a condition of the plea. So instead of doing perhaps six months, they did four years before being ELIGIBLE to see the Board.

Open pleas rarely turn out better than the offer...
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Old 05-29-2014, 08:12 AM
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Default 6 months on a 4?

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Originally Posted by CenTexLyn View Post
yeah, and the converse happens on a regular basis all around the State...one client I worked with rejected a plea offer because he didn't want 10 years and was just SURE he could get probation on the open plea...he is working on a 35 year sentence right now, and it was not drug-related nor did it involve violence nor was there a history of other felony conviction. Release came on their fourth consideration for release...

Or then there was the client with the plea offer of 4 who instead went open and got stuck with 8 that included a deadly weapon finding...the DW would have been waived as a condition of the plea. So instead of doing perhaps six months, they did four years before being ELIGIBLE to see the Board.

Open pleas rarely turn out better than the offer...
wow so ur sayin one would only do about 6 months on a 4? so bout how long on a 7?
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Old 05-29-2014, 08:20 AM
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he had a public defender...I don't know how much on 7 but he was on parole technical violation on the original crime. So he will end up with about a year like his attorney told him originally. You have to talk to the attorney. Some are better liked by the court than others. Ask a the attorney a lot of questions and hopefully you will get a better deal. I hope you do OK. I wish you a short time in...peace
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Old 05-29-2014, 08:40 AM
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My husband got 5 instead of 7 and is only going to do like 6 months plus his county 6 months that he already did on similar charge. The judge went for 5 instead of 7 pretty much....
How do you KNOW he will only do 6 months?
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Old 05-29-2014, 08:43 AM
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wow so ur sayin one would only do about 6 months on a 4? so bout how long on a 7?
Don't fall for that! Nobody knows how much time they will serve on a sentence. That decision is ALL up to the board. The defense attorney has NO way of knowing how much will be served.
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Old 05-29-2014, 06:04 PM
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wow so ur sayin one would only do about 6 months on a 4? so bout how long on a 7?
Eligibility for release does not confer an obligation on the part of the Board of Pardons and Paroles to vote in a favorable manner. All they have to do is VOTE the case, but they can vote no and they can also ultimately require someone to serve their sentence day-for-day.

On a seven year sentence, eligibility generally comes when total time credits equal 21 months. That takes roughly 10 months of flat time to accomplish presuming no disciplinary issues. It also presumes there are no deadly weapon enhancements and that the Court did not enter a finding that the conduct occurred in a drug free zone. A DFZ enhancement on this length of a sentence would require five calendar years be served before the Board could release someone to supervision...
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Old 05-29-2014, 06:06 PM
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Don't fall for that! Nobody knows how much time they will serve on a sentence. That decision is ALL up to the board. The defense attorney has NO way of knowing how much will be served.
There are a lot who do not even grasp the fundamentals of parole eligibility and time calculations...one of many reasons why many of them refer people to persons who do what I do.
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  #13  
Old 05-30-2014, 10:37 AM
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thank u everybody for ur responses
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Old 05-30-2014, 10:42 AM
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Default first parole?

Quote:
Originally Posted by CenTexLyn View Post
Eligibility for release does not confer an obligation on the part of the Board of Pardons and Paroles to vote in a favorable manner. All they have to do is VOTE the case, but they can vote no and they can also ultimately require someone to serve their sentence day-for-day.

On a seven year sentence, eligibility generally comes when total time credits equal 21 months. That takes roughly 10 months of flat time to accomplish presuming no disciplinary issues. It also presumes there are no deadly weapon enhancements and that the Court did not enter a finding that the conduct occurred in a drug free zone. A DFZ enhancement on this length of a sentence would require five calendar years be served before the Board could release someone to supervision...
assuming they have no disciplinary issues and participate in every work, schooling, trade classes and all that they can, how often is the first parole actually made? thank you by the way for answering all my questions
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Old 05-30-2014, 11:14 AM
luvmylife14 luvmylife14 is offline
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Default narc

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Originally Posted by CenTexLyn View Post
If one is on bond, it is not uncommon to drag a case out for a few years in some Counties, while in others, the DA and the Court may push for a trial setting inside of six to eight months. You do not say which County you are in, so it is difficult to say for sure.

You initially reference a seven-year term but then discuss an open plea to the Court...which tends to suggest, bolstered by your subsequent post in the thread, that there is no firm deal in place yet. If you have agreed to the seven and then back out prior to the Court accepting the plea, you will likely not be happy with the outcome. And even if there is no agreement in place, you STILL may not be happy with the outcome on an open plea, especially with discussion of prior offense history.

Adding to the problem you will face is if there has been a PSI already performed...if you were attributing the pending charge to a 'narc' then there will be negative references to your acceptance of responsibility and acceptable levels of remorse for your actions. The CI had nothing to do with your decision to become involved in the transaction, nor does having a child change the involvement in illegal transactions after having previously been sentenced for other criminal conduct.

The incident in which you were no-billed would not be available as an enhancement paragraph since there was no conviction but it IS an extraneous act that can be considered by the Court and WILL be viewed negatively by the Court...you could reasonably expect that the State would subpoena the arresting officer from that case to testify about the presumptive field test results.

Oh, and if you DID manage to get probation, you could also reasonably expect that you will have the SAFP component as a required condition which will mean roughly eight to nine months in custody at a minimum (inclusive of waiting time) and possibly as much as a year. You would also likely be maxed at the ten-year term of supervision.

Nobody here can say what your particular ADA might do in the case, although you MAY be well-served seeing the case drag out beyond the elections. Your biggest problem is that you were caught in a hand-to-hand deal, which makes it FAR more difficult to plead it down to simple possession. There is no question about what you were doing, and as such, you are pretty much stuck with the first-degree charge.

Also, be aware that if you somehow lucked out with a deferred on the charge, you are subject to the full nut of up to 99 or life if you ever screw up the period of supervision. A straight probation will at least cap your maximum exposure...
i used the word narc because there was a sentence reduction involved. i am absolutely not the slightest afraid of messing up on probation, i know the person i am today and at this point in my life and from here forth i have goals, dreams, and i will pursue them. and i didn't "just have a child" , that child is the miracle that changed my life forever, hes my whole world, even through this tough spot of my life he is my light at the end of the tunnel, hes my inspiration, my courage, hes my everything. and no matter what happens nothing will ever change that, i just want to be the best mother i can to him, and leaving him for a year or more just doesn't fit that category, i kno i cant change anything at this point, whatever happens will happen, all i can do now is pray that God knows my heart and He will see to it that whatever happens is what is best for me and my child. this situation came out of no where, over a year after the "alleged" crime involved, and i know the court doesn't care, but within that year came the happiest life changing moment of my life, and now this, the scariest thing ive ever been thru, not because im scared of prison,thats farthest from my mind, but because since ive changed my life my life has been beautiful, i thank God daily for blessing me with a 2nd chance, this just couldntve happened at a worse time, its not fair to him, and it absolutely kills me that i may just have to b that "bad" mom after all, whether guilty or not, prison will = bad mom in my eyes, i just hope he doesnt feel the same. and God i hope he remembers me if i do go, hes so young, hes not even crawling yet, just getting to the point where he puts his little hands in the air wanting mommy to pick him up, ugh this just freakin is killin me, i just want to move on and forget about this whole thing, ill do whatever it is they ask of me, i just want to be there for my baby... ok sorry that turned into waaay more feelings than i meant for, but anyway thanks for listening
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Old 05-30-2014, 04:51 PM
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assuming they have no disciplinary issues and participate in every work, schooling, trade classes and all that they can, how often is the first parole actually made? thank you by the way for answering all my questions
system-wide, the approval rates have generally run between 33-36% for the last several years on ALL parole votes. Good institutional adjustment does not guarantee anything except the right to be considered by the Board.

Clients I work with tend to make parole or mandatory supervision in the first instance of our involvement at a far greater rate...there is an art to positioning a client in a manner that helps to offset the significant negatives otherwise staring out of the file.
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Old 05-30-2014, 04:54 PM
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oh, and as to the lapse between action and arrest, the bottom line is that the crime labs in North Texas take a year or more in many cases to do the work and confirm the presence of a controlled substance. Only then will the DA move to present the case to a Grand Jury.

All one has to do in order to understand why is look at the number of reversals that have come out of the Court of Appeals where someone took a plea and the case was later determined to have involved a sample that could not be confirmed as a controlled substance (or was not the substance for which the individual was charged, which is common with some of the designer drugs).
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Old 06-06-2019, 08:29 AM
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Default *update*

In case anyone will see this thread again, I was given safp, got out in 6 months and came home to my baby not as much of a baby anymore. He walked up to me in my last visit before coming home. I did get an 8 year probation sentence though so I have a few more years left. All in all I survived lol, and thankfully he doesn't remember the time I was gone. I now have my own home on my own acre, complete my associates degree, paid my car off and a decent job. Life is great and I am so thankfull that nightmare is behind me, and its almost over for good (3.5 more years!) Keep faith anyone struggling!
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Old 06-06-2019, 09:59 AM
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Good to see the update. So pleased for you that all is going well.
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