Legal Question in Criminal Law in Texas

my husband was convicted in 2004 in Texas of a possession charge in which he served 9 years. He was charged by both the state and the feds and served his time in the feds. In 2016 he was convicted of evading arrest and sentenced 5 years by the state. Is it possible for the state to take his flat time (the state says that they granted him parole in 2011 even though he was incarcerated), even though he was still serving time in the feds and never actually entered into the state custody?


Asked on 1/10/17, 12:43 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If he had a state hold on him while in federal custody, he was getting credit on the state case. Holds are equivalent to being in custody in the "holding" state jurisdiction and that credit cannot be taken away. (If he had been in state custody, it would be up to the judge in the federal jurisdiction on whether or not he got credit for the time served in state custody.)

He is not entitled to any street time. So, if he was "paroled" on the state sentence even though he was still in federal custody, he will not get credit for that "parole" time while in federal custody. It is the equivalent to there being no hold against him.

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Answered on 1/10/17, 12:56 pm


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