Legal Question in Criminal Law in Texas

Defendent pled guilty and received 6 mo. state jail time plus 5 yrs. probation and the judge allowed him two months to take care of another charge. The defendent pled guilty to the 2nd charge and was given 11 mo. state jail time that started 05/03/2010. The county for the first charge put a hold on him on 07/22/2010. Does the time for the 2nd charge start from the date of the hold? His case worker says that Texas passed a law this year that your time has to start from the date of the hold. Is this true?


Asked on 4/12/11, 10:58 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The defendant obviously gets credit for the case in which he is in custody. It is odd that they do not just combine the two state jail sentences rather than handle it with holds but that could be what they are doing. Regardless, he also gets credit on the second case from the date the hold was put on him. This has always been the law. So, he should be released from state jail after serving his flat 11 months and have plenty of credit for the 6 months state jail he got from the other county. He will need to immediately report to probation to get everything set up on that situation.

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Answered on 4/12/11, 2:58 pm


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