My friend is currently in Harris County jail awaiting trial in December. He has been there for about a year. He was charged with a second degree felony, but I found out that they have reduced it to a third degree felony as of today. Can he receive time served in County jail for a third degree felony? I think he told me if he is given 2 years county time, he can be released, but if he is given 2 years TDC, he has to do that time day for day.
There are some individuals that have been sentenced to TDC time and the local sheriff wants to keep them in County as a trustee doing certain work for the County.
However, this time is applied to TDC time. But, when they get close to their mandatory parole dates they need to be transferred to a TDC unit to make parole faster.
So the individual is getting better treatment in County while still accruing TDC time.
Hope this helps you.
State Jail time is day for day. County time is 1/1, 2/1 or 3/1 depending upon the county. TDC accepts back time credit and parole eligibility. It is possible to parole a 3rd degree felony from county jail although it is rare. Good luck!
Anna Summersett, Varghese, Summersett & Smith, PLLC. This answer is provided for educational purposes only. The information provided is not, nor is it intended to be, legal advice. Contacting Varghese, Summersett & Smith, PLLC, through this website or by email does not establish an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.
It's possible to get the time served but rarely will TDC parole someone from the county. He'll have to do day for day if it was a State Jail Felony.
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