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A friend has an Agg. Aslt w/dw in a family dispute. He's accumulated 6 years on 10 yrs but only 3.5 flat. When can he parole?

San Antonio, TX |

He's only had one major case for attempting to establish a relationship and a minor case for indirect threat to a warden. I'm not sure of the outcome for the threat because I am not allowed to have contact with him anymore. He was told he'd be up for Parole this year but the Warden told me he had to serve 5 yrs flat. I'm confused. Because I've talked to Huntsville and they have pulled his file for review.

Attorney Answers 3


All 3g (aggravated) cases must serve 1/2 of their flat sentence before becoming eligible for parole so this person will not be eligible until he has served 5 flat years. (Eligible does not mean he will necessarily get parole.)

Cynthia Henley

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Then why do they always have sit for the Parole Board every year if he has to serve at least 5 years?


Ms. Henley is absolutely right about the minimum time that must be served and also about eligibility for parole not being the same as getting paroled.

Fact is, the parole board has ways within the law to keep anyone from being released until the entire sentence has been served.

To maximize the chance of parole at the first possible time, the prisoner might want to consult a lawyer who specializes in advocacy before the parole board for prisoners coming up for parole.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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At a minimum, a 3g aggravated felony must complete half of the term assessed, in this case 5 years. My experience is that it is usually 75-80% of the time assessed before being released on Parole, if then.

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