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My son was involved in a high speed accident which resulted in fatalities, no alcohol or drugs involved. 5 killed, 2 injured.

The Woodlands, TX |

His injuries were very severe . He received 5 aggravated manslaughter and 1 aggravated assault sentences stacked and sentenced to 15 years . He still needs surgery and no further medical treatment has occurred . Is there current legislation to reduce mandatory time served from 50s to 35% for aggravated cases ? As he has never been in trouble before , we believe he may have a good chance at his first parole hearing based on his lack of criminal record and medical needs .

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Attorney answers 6

Posted

I think your question is geared towards criminal defense. In terms of your son's injuries, however, he may be entitled to compensation for his injuries - if he has full coverage car insurance. If you he has not made a claim with his insurance company, I recommend you contact them immediately. Given the facts you have provided, you will need a lawyer to assist your son through the process. Find out what your son wants to do and contact a lawyer. Good luck to you.

Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers.

Posted

I added parole to the practice areas so hopefully an experienced parole attorney will chime in with an answer. I do not know of any bills to reduce mandatory time on agg cases. However, Texas does have medical parole options. I am not a parole lawyer, but that is where you should go for answers.

Here is a story about medical parole in Texas. http://www.chron.com/news/houston-texas/houston/article/State-caught-in-middle-in-medical-parole-debate-4048680.php

Good luck.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.

Posted

While there may be a proposed bill to reduce the time before your son becomes parole eligible, the current law would require that he serve at least 7.5 years of a 15 year sentence. Medical parole in Texas is VERY rare. In any event, if you do decide to seek some type of intervention with TDC regarding your son's medical care, you should consider hiring a lawfirm who has successfully litigated against Texas Department of Criminal Justice in the past, and/or a firm or attorney who focuses on parole. One such firm is Habern, O'Neil & Pawgan. You can look at their website at www.paroletexas.com.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Posted

I remember this case in which he was driving in excess of 100 miles per hour and hit a van with a family of 5, and he will have to serve half his sentence.

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Posted

This is not as easy as you think it will be. Your son's parole fate is more in the hands of the 5 victim's families than it is in yours. The 50% mandatory parole isn't automatic, he could serve the entire 15 years. I have a friend serving her 6th year of an 8 year sentence and she is very similar to your son in that she had no prior criminal record at all. If the victims' families are loud advocates against parole, the Parole Board will listen.

I advise you find a criminal lawyer that has experience with handling cases in front of the Parole Board in Texas. It is an area of law that very few lawyers practice and the results can be very frustrating.

Good luck to you and your son.

Posted

You really need a criminal attorney (parole specialist) to answer this question. But chances are they will have a hard time getting him out early.

My best suggestion in this case is to have a parole attorney present MASSIVE evidence of all the medical bills and trouble it will be to have him incarcerated due to the necessary medical care. Sometimes that is persuasive even though the death of five people will make your son's pleas for relief otherwise not very compelling.

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