Boyfriend got time served 3/29/2011 for probation violation in Dallas county but is holding for TDC how long does this process take?
He was sentenced to 6 months at TDC but got time served for the 8 months he did in Williamson County. When I called and spoke to someone they said that he has to go through the process before he comes home. Can you please explain to me the process because he was under the impression that he could leave from Lew Sterret. What state jail is he going to?
Criminal Defense Attorney
Texas Department of Corrections is where defendants convicted of felonies above State Jail felonies are sent. The minimum time adjudicated is 2 years TDC for 2nd and 3rd degree felonies. So, if your BF was sent to TDC it would have to have been for more the 6 months.
If he was convicted of a State Jail felony, he could have received a sentence that allowed him to serve out his time in county. However, that must not be the case because you said he is being transferred to TDC.
If he is transferred to TDC, he will be in Dallas County Jail for about 2-3 weeks. When he arrives at TDC he must process through the requirements for parole. For non-3g offenses (Texas Penal Code 42.12 Section 3(g) is for serious offenses and they are listed in this section including murder, sexual assault of a child, etc.), the convicted person may have to do only 25% of the time adjudicated but will be parolled for the remainder (provided he has not priors and other criteria used to assess being parolled by the parole board). Anyway, it takes about 4 months to go through these processes before the parole board will consider parolling a person. Perhaps, that 6 months (25% of 2 years) is what you are referring to.
The bottom line, generally, based on your question is, if he got 2 years TDC and everything else on his record is clean, he will be eligible for parole after 6 months but since he has 8 months credit already, he only has to go through the parole eligibility processes, so he will be incarcerated about 4.5 months from the date he was sentenced. Again, I have no facts on your BF's case and am hoping I guessing correctly that he actually received 2 years TDC and has no previous criminal records or gang affiliation AND his crime was not a crime involving a firearm AND/OR a child.
Criminal Defense Attorney
He cannot have gotten a 6 months TDC sentence. The minimum TDC sentence is 2 years. Perhaps he got a 6 months state jail sentence.
Because he has already served his entire sentence, they should do a quick turn around. They used to just release from the county but they quit doing that a couple of months ago. They change policy on these kinds of things as the wind blows. Technically they are holding him illegally - knowing that he has already served his sentence.
He will be picked up probably with the next chain to state jail where he will be processed. Who knows how long they will take since they have no excuse for keeping him in the first place. Raise hell (as he should) because they are simply stealing time from his life.
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.