Correct me if I'm wrong.. To my understanding he can do the 16 months and be eligible for parol but if its denied he stays?

Sorry asking lots of questions I'm only 25 and new to everything.

San Antonio, TX -

Attorney Answers (3)

Carmine John Giardino

Carmine John Giardino

General Practice Lawyer - San Antonio, TX

The 1/3 you are referring to is for probation, not jail time. Someone can apply to get off probation early if they complete 1/3 or 2 years of their probation, whichever is less. For jail time, it depends on the offense and what level of the justice system you are in. Federal cases usually do 85% of their time. State cases that are 3G or affirmative finding of deadly weapon have to serve 50%. All other cases depends, but can be as low as 10% of the jail sentence depending on what they accomplished in jail

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Cynthia Russell Henley

Cynthia Russell Henley

Criminal Defense Attorney - Houston, TX

If you are talking about parole, the person does whatever amount of time it takes to become eligible under the rules in force at the time of his offense. Once eligible, a parole board makes a decision on whether to grant parole or not. If parole is not granted, most times there is a 2 year set off from the initial denial. There is no appeal.

If you want to try to ensure the earliest possible parole, hire a lawyer who specializes in putting together parole packets.

Cynthia Henley

Macy Michelle Jaggers

Macy Michelle Jaggers

Criminal Defense Attorney - Dallas, TX

See my answers to your previous questions.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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