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My fiance signed for 5yrs for non agg how much time does he do?

Wichita Falls, TX |

he has been in the county jail since feb 5, 2011 he has been credit 253 days. how much time will he have to do when he goes TDCJ?

i cant get any answers from anyone...help..does the new law that took effect on sept 1, 2011 effect him?

Attorney Answers 3


  1. Parole eligibility depends on a number of factors but is generally about one quarter of the sentence for a non-aggravated offense.

    My answers are only intended as general legal advice based on my eighteen years as an Austin criminal defense and DUI attorney. They are not intended to be a binding legal opinion nor to create an attorney - client relationship. For those questions asked outside of Texas, there is no intent on my part to practice law in any other state There is no substitute for contacting a local attorney. Feel free to visit my website, www.austincriminaldenseattorney.com .


  2. No way to really calculate this. Non agg time means that he is already eligible for parole but his criminal history will affect him as will his conduct in custody. Let him get to TDCJ, go through diagnostic, and be assigned then he will be able to get more information to you.


  3. There is no way to predict how he will be treated by the parole board (whether he will be paroled at the first opportunity or not). He will be eligible when his time served and backtime add up to 25%. On a 5 year sentence he would be eligible after his time served (including backtime) is 15 months. With the approximately 8 months of backtime, he will likely to have to do at least another 7 months. That said, if parole does award him parole at the first opportunity and he earns "good conduct" time by working a job and not getting in trouble, he could shave a little more off of that last 7 months.

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