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  #1  
Old 12-01-2017, 11:23 AM
aknoto aknoto is offline
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Default TDCJ time first, then state jail, vice versa, concurrent?

My daughter has 3 Burgarly of a Vehicle (Class A Misdemeanors) 2 Credit Card Abuse charges (State Jail Felonies) and Yesterday was charged with a Engaged in Organized Criminal Activity (a Third Degree Felony/ TDC). So will if she get time in TDC have to do the TDC time first, then the state jail, or vice versa, or will they run them concurrent? Thank you for all you assistance.
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Old 12-01-2017, 01:54 PM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. Ask her lawyer(s).
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Old 12-01-2017, 02:02 PM
aknoto aknoto is offline
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She had a state appointed lawyer, who in turn works for the prosecution. I ask from those who have had experience. I thought this forum is for questions from those have experienced such prison life experiences and don't mind lending a little advice.
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Old 12-01-2017, 02:38 PM
JaycieDnTejas JaycieDnTejas is offline
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I believe that the charges can run concurrent but you may (or your daughter) need to ask her attorney for that. The agreement should be written in her final papers from county - agreed upon in advance.
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Old 12-01-2017, 02:53 PM
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Ok I will pass this on too her. They were telling her that she could not serve the time concurrent. She would do the state jail time, and that it did not count toward TDC time, and she is looking at possibly 4 to 5 years behind bars. Thank you Jaycie.
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Old 12-01-2017, 02:59 PM
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Hello aknoko! I've moved your thread to the Texas forum
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Old 12-01-2017, 03:00 PM
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Thank you, I did not realize that this forum covered all the USA. Texas is quite a strange creature when it comes to incarceration. I am a Sociology Major, after being in prison myself, with a minor in Criminal Justice. I am so sad for my daughter.
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Old 12-01-2017, 08:32 PM
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Court appointed counsel does NOT work for the prosecution. I certainly hope there are no institutions of higher learning that are teaching students otherwise. In Texas, depending on the County, there may be a Public Defender's Officer OR there may be appointments from the wheel. Where the wheel is used, those are the same attorneys that you could have hired through the phone book.

As to the sentence structure, much depends on whether the Court orders that the sentences run concurrent or whether there is a cumulation order entered that stacks the sentences.

Generally speaking, if there is no stacking order, then the Class A misdemeanor time (if not pled as a time-served sentence) will be absorbed by the felony time. Where there is a 1st, 2nd or 3rd degree sentence imposed concurrent with the State Jail time, the intake will be into the Correctional Institutions Division.

If a release to parole or mandatory supervision takes place before the State Jail sentences expired, then she would roll to the State Jail Division and be issued a new number.

She needs to be aware that Engaging in Organized Criminal Activity has had some wonky changes in the law in the past few Sessions that were not corrected in the most recent Session. Date of the actual offense is extremely critical as it will drive whether she has to do half of the sentence in order to be eligible for parole and ALSO whether she is eligible for mandatory supervision.
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Old 12-03-2017, 12:46 AM
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It depends the law firm can do prosecution and defense, that's where interactions can get shady. It can also get shady with state appointed lawyers. If you are charged your better off, if you can find the money for one to get an independent law firm. Some of them that do both can have quite a healthy relationship with the prosecution and you can work out for yourself where the conflict of interest is I don't trust the weight of people who say "all of them are good lawyers with no COI..." Although sometimes people still plead otherwise.

Just because they could have been hired through the phone book doesn't mean you will get a good one either. A lot of them are bad ones that can't get work elsewhere. You see the endemic problem here and one of the reasons why the statistics of people being incarcerated keeps increasing is because a lot of them are the bad ones.

As to the structure of the sentence it depends whether the state wants it to run concurrently or separately and whether the prosecution decides they are interested in bargaining about that fact. Even if they don't you can run the prosecution phase past the judge, or you can go to trial over the matter. The order otherwise however will generally depend on how the prosecutor wants to go about the case.

Last edited by Kronos; 12-03-2017 at 12:50 AM..
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Old 12-03-2017, 07:48 AM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by Roumelio View Post
It depends the law firm can do prosecution and defense, that's where interactions can get shady. It can also get shady with state appointed lawyers.
If you are trying to infer the Special Prosecutor in Paxton's case is typical in Texas, then you are FOS. Attorneys in this State do not simultaneously work both sides of the street. Some move from defense into the DA's office later in their career or perhaps started in the DA's office, but ADA's do not also work defense in Texas. Similarly, defense attorneys do not work as prosecutors for garden variety cases.

And you can take your sliming of those who do appointments elsewhere.


Quote:
Just because they could have been hired through the phone book doesn't mean you will get a good one either. A lot of them are bad ones that can't get work elsewhere. You see the endemic problem here and one of the reasons why the statistics of people being incarcerated keeps increasing is because a lot of them are the bad ones.
Your same aspersions apply to those who are hired. Nobody is disputing that there are shitty attorneys out there. But to claim that those in the wheel are ALL shitty and cannot get work on their own is just a crock. You can ALSO get those same shitty attorneys when you hand over your credit card, cash or check to retain them. But some of those 'bad ones' you claim are doing appointments ALSO are hosting CLE's that are well attended.

Oh yeah...some of them are ALSO the ones doing things like suing jurisdictions at no charge over things like the SO residency restrictions. But hey, he must ALSO be shitty because he works for free in some cases and takes appointments.

Quote:
As to the structure of the sentence it depends whether the state wants it to run concurrently or separately and whether the prosecution decides they are interested in bargaining about that fact. Even if they don't you can run the prosecution phase past the judge, or you can go to trial over the matter. The order otherwise however will generally depend on how the prosecutor wants to go about the case.
The stacking is driven by statute. You have failed to demonstrate the slightest nuance about Texas law (which is what applies here). There are only a few very specific instances where cumulation may be pursued. There are very few cases in Texas that are stacked...you could go into most courtrooms with active felony dockets on any given day and count how many are stacked sentences...you would typically leave with ALL of your fingers and toes having been unused for counting.
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  #11  
Old 12-03-2017, 06:54 PM
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....and with that, lets just agree to disagree. Please stay on topic to the OP, any personal comments to each other really need to be in pm's. Not on the board. Thanks
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