Max punishment TX gives 1st time parole violator in Okla when picked up, no new charge was late 2 report has yr left on sentence

Asked 6 months ago - Dallas, TX

wife has poss of marijuana charge from 2010 in TX had 5 yr sent did 3 in TX & yr on parole no dirty UA's just late a lot & was 2 late 2 report in Oct 2013 & in Nov 2013 TX put warrant out she hadnt finished her interstate compact 2 go HM 2 Okla & was picked up in Okla on routine stop .once TX pick her up & she request a hearing b4 the parole board 2 be heard & has no new charge her original charge is only offense , will TX make her finish her time till 2015 & be done or make her do her 5 yrs over again? can they make her do all her time again? can they add time 2 her remainder of time,if so whats max they can add 2 her remaining time? will her time in Okla be able 2 count toward her time in TX? please give me worse case scenario & best case we need 2 know what we looking at now 2 prepare.

Attorney answers (1)

  1. Seth Philip Topek

    Contributor Level 8

    Answered . I am not completely sure I understand your question. The hearing officer will determine whether or not to revoke her parole, continue her parole, or send her to ISF and then continue her parole. If her parole is revoked whether or not she gets credit for her street time depends on how long she had been on parole when the warrant was issued, whether the drug offense was increased as a result of being in a drug free zone, and could depend on her criminal history. On most drug offenses if the person has completed over half of their parole at the time the blue warrant was issued and then their parole is revoked they will get their street time and return to TDCJ to complete their sentence (or get paroled again). If she had not completed half of her parole she will not receive credit for the time she was out on parole and if she goes back to TDCJ and it sounds like she would have two years to serve. I hope that helps, I would recommend hiring a local attorney with experience handling parole hearings to represent her.

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