Ok so my wife made a plea deal where she promised to go to Safp In lieu of doing prison time for assault on a public servant. If she did not successfully complete the program she was told she would have to serve the max time which was 10 years. Well she got unsuccessfully discharged right before her 9 months there was up. Her judge is sticking to the 10 years and is not honoring the 9 months she spent in safp but is giving her her 18 months county back time. First of all will she be eligible for parole by the time she gets to prison? And what are her chances of making her first Parole? Her charge had to do with her biting a police officer on the thumb while she was drunk but not breaking the skin. This is her first time doing tdcj time and I think her first actual conviction. Realistically how much time will she probably do? And what do I need to do to prepare for her parole date?
Redirecting your question to the criminal defense section of this service for attention by those attorneys
(1) Props to you for sticking with your wife in this difficult time. Many spouses throw up their hands and give up, so you are to be commended. (2) Assault on a public servant, punishable by up to ten years, is a tough one to leave in the hands of the parole board. So, prior to 180 days from her commitment to TDCJ I would have you ask her lawyer to file for "shock" probation. You will have to retain the lawyer once again. Use the same lawyer if he/she is willing. Shows the judge at least you and the lawyer have not given up on her. The lawyer will know what that means, and though receiving it may be tough, if she makes strides toward cleaning up her act because she is "shocked" by what TDCJ means for her future, some judges give another chance through granting "shock" probation. It is all in how your wife responds to prison, how your lawyer presents her, but if she is "shocked", and if she makes strides toward cleaning up her act based on her prison experience, and if she stays out of trouble in prison for the short time she is there before applying for shock probation, she qualifies for this second chance. Try that, and you possibly take the decision out of the hands of the parole board. (3) If that fails ... you should know ... no one can tell you when she makes parole. Her first eligibility date is on the website. Shoot for that date. It all depends on classes she takes and whether she stays out of trouble. Have her take all the classes offered. Have her attend AA and/or NA meetings whenever the doors open for such meeting, and sign up, and keep a diary of the ones she has attended, things she learned, experiences she heard she does not want to repeat. Have her participate, and keep a diary of that participation. Do all these things, and the Parole Board sees her as separated from the normal inmate coming before the Board seeking early release. Put together a parole plan: where she will live, where she will work (if possible), and if no job is waiting for her, explain her employment opportunities in the area; include her statements relative to her conduct, accepting it and owning it, and what she plans to do in the future to keep from repeating it; include character letters from friends, enemies, pastors, employers, etc. people who know she is locked up but vow to help her succeed because she is worth saving. Put all this together in a professionally prepared booklet, send it to the parole board, and they will review it when first parole comes up for decision. Visit her, write her and encourage others to do the same. Accept her calls. Contact with the community, family and friends is essential to showing a chance at success on parole. Do all these things, and you have done just about all you can do to increase her chances of coming out okay, making parole. She is up against it because a police officer was involved as the victim of her crime. Parole Board will take notice, don't kid yourself. She has to really show that she is over that and she has a chance at succeeding on parole. Those are the issues. Again, thanks for sticking in there. With SAFE-P and all that, and all this, I know it was not easy. Hope this has been helpful, and good luck to you both.
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