My friend has been sentenced to serve 6 months in Harris County. Will he be released early for good behavior?

Asked over 1 year ago - Houston, TX

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His arrest was for POSS CS PG 1 <1G. This is not his first offense. He has been admitted to a treatment program on the 6th floor of the jail. Any information would be gratefully appreciated.

Additional information

After calling the jail, he has 2 years deferred and they stated he will be released to New Choices, a drug treatment program. I tried to call them without any success. Harris County does have 2 for 1 because it was a County offense and not State. So what begs the question is does the treatment program hold the 2 for 1 in the same regard or is it a mandatory 1 for 1 during an inmate's stay?

Attorney answers (4)

  1. Licensed in TX

    Houston Criminal Defense Attorney
    Contributor Level 20

    1

    Lawyer agrees

    Answered September 28, 2011 19:58. If he received 6 months as a condition of probation, it is NOT 2 for 1. Moreover, if he is eventually revoked ont he probation and given prison / state jail time, he does not get credit for any time served as a condition of probation.

    If he is going to New Choices and does not have 6 months as a condition fo probation, then he is waiting for a bed. This program is not about time but about successful completion. When he completes it, assuming that he does not have to do jail time as a condition (which is highly unlikely), then he will be released on his probation. If he does not abide by the rules of the program and actively participate, he will be kicked out which means he violated probation.

    I practice in Harris County and I know how it works there.

  2. Licensed in TX

    Grand Prairie Criminal Defense Attorney
    Contributor Level 8

    Answered September 28, 2011 10:33. His early release will depend upon many factors including the time needed to complete his treatment program. You might want to contact the jail officials to see if they have a release date for him on the computer. Good luck.

  3. Licensed in TX

    Lufkin Criminal Defense Attorney
    Contributor Level 10

    Answered September 28, 2011 10:48. Maybe, but it depends on several factors. For instance, in some counties - and I do not know if Harris is one of them - an inmate typically gets a "reduced" sentence, due to crowded jail conditions (where I practice, a jail inmate usually gets 2 days credit for each day actually served). If he is in a treatment program, his release date might also depend upon how long it takes him to complete the program. I would suggest that you contact the jail; they could probably give you an estimate on his release date.

  4. Licensed in TX

    Pro

    Austin Criminal Defense Attorney
    Contributor Level 17

    Answered September 28, 2011 11:56. If he eceivd county time, the award of good time is in the discretion of the jail. If he received state jail time, that must be served day for day. If received treatment he won't be released until the completion of treatment.

    This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com... more

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