Legal Question in Appeals and Writs in Texas

In 2007 I was sentenced to serve a 5 year sentence and when sentenced was given 1 year and 39 days credit (jail time). After 2 years I was released and am currently on parole. The problem is that I didn't receive the credit that I was granted. I do have my court papers showing that I was granted this time credit. I don't want to serve a year and 39 days that I don't have to serve so my question is, what would I have to do to resolve my problem with my time credit?


Asked on 4/21/11, 11:15 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

TDC will not honor credit given by a judge if there is not basis for it. Back in the day, people used to negotiate sentences right down to how much credit they were giving - regardess of how much credit they actually had. This was commonplace and no one complained. However, in the years lately, TDC started reviewing the paperwork sent to them regarding the sentence and refusing to go along with this wink and nod method of credit. Someone complained in a writ or lawsuit a few years back and lost - TDC won - the court said one cannot be awarded credit that one has not earned. So, most courts have quit doing this. That said, every so often TDC finds that someone was given too much credit (or so they think. Some times they are wrong because the person has credit because there was a detainer against them, etc.)

So, the first question is - are you being denied credit to which you are legally entitled? If the answer to that is no - you are not entitled to the credit legally - then there is nothing you can do.

If the answer is that TDC is wrongfully denying you credit for time that you have coming to you, then the first step is to dispute the calculation directly with TDC. I have never been directly involved in this because most clients simply do the process themselves. You should contact TDC classification in Huntsville to find out what steps you need to take to dispute your credit. If they do not agree with your proposal and you continue to think you are entitled to more time, then you will need to hire a lawyer to talk with them and then possibly file a lawsuit.

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Answered on 4/21/11, 12:14 pm


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