On March 14th my boyfriend was sentenced to 2 years TDCJ for evading arrest with a vehicle. The judge said that he would be awarded any back time that he had. He spent about 50 days in jail last year for this case and he has actually been in Harris County since 02/28/2013 because he was picked up on an assault case that was dismissed a week later because the complainant stated that it never happened. His lawyer said that he would only have to do 6 months. I'm just trying to figure it out because I'm hearing many different things from different people and I'm not sure if he is getting credit for all this time spent and why he hasn't been transferred to TDCJ yet
DUI / DWI Attorney
You're hearing different things because everybody's guessing. No one can tell you for sure when he will be paroled. He will be eligible when he's been in custody on the case for six months. It is possible to parole out of a county jail but it's rare and difficult to pull off. The last time I was able to do it, I had to nag the jail population manager for a few weeks to get it done.
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Criminal Defense Attorney
§ 508.145 TEXAS GOVERNMENT CODE sets forth eligibility for release on parole.
In your boyfriend's case he will likely be eligible for release on parole after he has completed approximately one fourth of his time. However, this is not a guarantee. It will be a decision of the parole board as to whether he will be released after serving those six months. He is getting credit for the time spent in jail. But only for the case that he was booked under. If he was booked under another case (misdemeanor) then he may not have gotten credit (on the felony case) for the time spent on the misdemeanor case. His lawyer and the judge should have told him how many days credit he was given at the time of his plea.
The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.