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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 09-18-2013, 04:44 PM
pieceapeace pieceapeace is offline
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Default On parole, new felony charge, go back to prison on old or new #

Hello, unfortunately my husband has been in county jail for 40 days now for a controlled substance less than a gram (1st drug charge ever) and for fabricating evidence with intent to impair due to a bag with something in it that was found in the ditch outside of his truck (hasn't come back from the lab yet...people are saying that its taking a year to get stuff back from the lab). He was suppose to be off parole in March of 2014. He had originally gone to prison on a 6 year sentence for burglary of a building. He has been indicted for these new charges and goes to court Oct. 3rd. What we want to know is: is it true that if he is sentenced to 5 or LESS years he will go back to TDC on the same # and sit out what he has left on parole (get out when his parole was suppose to end in March 2014), or if he is sentenced to 6+ years (like when he first went to prison) will he go to TDC or state on a new # for even longer, or is there a totally different scenario?! Please help...we have no idea which way we should go on court Oct. 3rd.
Thank you for ANY help!
His blue warrant was just issued
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Old 09-18-2013, 04:48 PM
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I can only speak for Nevada but I think it may be the same for every where else. My husband went back on p.v. And now awaiting a revocation hearing they gave him his old back number
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Old 09-18-2013, 06:23 PM
CenTexLyn CenTexLyn is offline
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It matters not one whit whether someone keeps the same number...it never ceases to amaze me that defendants even worry about that.

That being said...issuance of a new number is driven by whether the new sentence eats up the balance of the old sentence(s). There are occasions where the new sentence is controlling for parole eligibility purposes and potentially even projected minimum release date but where the old sentence remains controlled for maximum expiration date. In that instance the old number is generally retained. If the maximum expiration date for the new sentence is greater than the old sentence, then a new number will generally be issued.

Recalculated dates for the original sentence will not be available until after he gets revoked on that period of supervision.
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Old 09-19-2013, 06:26 AM
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I think the answer to what you are really wanting to know is a bit more complicated than can be answered with a simple response or that can be answered knowing only what you've posted. Based on what you've written it would appear that he is elgible to keep his street time but prior offense not mentioned could change that. If he is eligible to keep his street time and he completed half of the time he had to do on parole before the blue warrant issued then (and since he was already in custody when the blue warrant issued) his discharge date on the original sentence would not change if his parole is revoked. If he is either ineligible to keep his street time or is eligible but did not complete half his parole period before the blue warrant issued then a revocation of parole will send him back owing the same amount of time that was on his 6 year sentence as when he was released on parole.

With a little more information we could help you sort it out. If he has no other prior convictions then he should be eligible to keep his street time. Otherwise, we need to know what the convictions were for to know if they disqualify him. If you tell us how much of his sentence he served before being released on parole we should be able to tell you how much time he would owe if his parole is revoked which, by the way, would appear to be a likely possibility.

Posession of less than a gram will get him 6 months state jail but the fabrication of evidence, if convicted, is a third degree felony which can get him anything between 2 to 10 years. Any sentence that turns out to be longer than what he will owe on the previous sentence should get him a new TDC number.
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Old 09-19-2013, 03:12 PM
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Thank you so much! He was originally sentenced to 6 years for burglary of a habitation...he did 3 years in TDC...he was released on mandatory supervision on March 5, 2012...his maximum expiration date is 07-22-2014 (he's gotten in no trouble while on parole). He was arrested for the new charges on July 3, 2013. He goes to court in 2 weeks and his court appointed lawyer has not spoken to him at all yet...my husband and I don't wanna walk into court totally oblivious with what to expect or what to do. Thank you so much again!
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Old 09-19-2013, 03:19 PM
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oh and how do we know if he is eligible or ineligible to keep his street time (what is street time)? The blue warrant was issued just a few days ago (while in custody).
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Old 09-19-2013, 03:37 PM
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Ugh my bad...his conviction date was 7-22-08 for 6 years (even though he wasn't arrested until the end of March of 2009 they gave that date because he had previous back time so I guess technically he sat 3 years and 8 months). He had done probation for this offense for a while but it was revoked when he picked up a burglary of a building (got 2 years state for that but it ran concurrent with the 3 years solid he did for the original offence that he is on parole for now).
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Old 09-20-2013, 12:06 PM
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If he was released to Mandatory Supervision after serving 3 years, 8 months then, with 10 months to go on the sentence, he has completed well over half of his parole period and he will be eligible to keep his street time. Basically, that means the time he has spent free on parole counts towards his sentence. So, if his parole is revoked he will owe only until his original discharge date in July. If he is convicted on the manufacture of evidence then the shortest sentence will be two years so a resulting prison stay will eat up his current sentence and should get a new number.
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Old 09-20-2013, 11:31 PM
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Thank you so much RobinsMan! Ok so he can't just get convicted only of the controlled substance and get a minimum of 6 months and get out in April instead of July? Do they like bypass the controlled substance conviction and just "revoke parole" and he's gone till July OR they convict him on the tampering/fabricating evidence with intent to impair and he does a minimum of 2 years? I'm sorry for being so difficult but your knowledge and help is greatly appreciated. I hope you're well!
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Old 09-21-2013, 06:41 AM
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Quote:
Originally Posted by pieceapeace View Post
Thank you so much RobinsMan! Ok so he can't just get convicted only of the controlled substance and get a minimum of 6 months and get out in April instead of July? Do they like bypass the controlled substance conviction and just "revoke parole" and he's gone till July OR they convict him on the tampering/fabricating evidence with intent to impair and he does a minimum of 2 years? I'm sorry for being so difficult but your knowledge and help is greatly appreciated. I hope you're well!
The revocation process is by a completely different entity than the Court. Further, there is no way to know for certain what the District Attorney and the Courts may elect to do...a Grand Jury could certainly include enhancement paragraphs due to the prior felony convictions. And, once revoked, then new time calculations will be performed by the Time Section.

A State Jail Felony offense ordinarily carries a sentence up to two years, although rare is the instance I actually see two years on those offenses. In fact, there is a current tenor to offer probation even with prior history of conviction.

The tampering charge carries a standard third-degree sentencing range of two to ten years. Enhancement paragraphs could change the landscape there.

He could be convicted of one or both, depending on what evidence exists and how the State elects to proceed. They could also elect to 12.45 one into the other. I've even seen some of those where the tampering was 12.45'd into the SJF which was then sentenced under 12.44(a) as a misdemeanor. The ability to do that has everything to do with how good defense counsel is and how willing the State is to go with handing the case in that manner.
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Old 09-21-2013, 09:52 AM
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CenTexLyn is correct that the normal sentence range of 2 to 10 on the tampering/fabricating can be enhanced to 2 to 20 and the posession can be up to 2 years. Otherwise, what happens with those charges is still open to any occurance. Either could be dropped or the court might even grant probation. If he is convicted and a prison sentence is imposed then an state jail sentence would be served day for day with a possiblity of reduction up to 15% for diligent participation and he would be eligible for parole on a regular ID sentence with a minimum defined by when it is that he becomes eligible for parole and a maximum of the full term.
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Old 01-21-2014, 04:40 AM
jhietbrink81 jhietbrink81 is offline
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If his old number is more than the new number the old number will eat the new and he will go back under old number so basically a technical violation and its hard to say what he will have to do.
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Old 01-21-2014, 06:48 AM
CenTexLyn CenTexLyn is offline
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Quote:
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If his old number is more than the new number the old number will eat the new and he will go back under old number so basically a technical violation and its hard to say what he will have to do.
A new felony conviction, even if one returns under the old number, is NOT "basically a technical violation." I have seen more than one of those situations where the individual served more time on the second/subsequent go-round than was served when the larger sentence was originally imposed.
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