Legal Question in Criminal Law in Texas

A person can be released from a prison sentence on almost all Texas offenses (some exceptions, capital murder, continuous sexual abuse) before the full sentence through a process known as parole. Parole rules are fairly complex, but the basic rule is that you can be released when you have served one-fourth of your sentence which can be further reduced by what is referred to as "good time." The decision to release an inmate on parole is made by the parole authorities and they do not have to grant it. For a first offense drug case with a 10 year sentence and general good behavior, I would expect that person would probably be released between 1 and 2 years of service on parole.

If there is a deadly weapon finding in the judgment, or the offense is an aggravated offense (simple possession of drugs is not), then that aggravated sentence requires service of one-half of the sentence which cannot be reduced with good time. The sentence also can be no less than 2 calendar years. Therefore, a 2 year aggravated sentence would require a person to serve the entire sentence.

Consultation with a Board Certified Criminal Law Specialist at the outset can prepare someone who cannot avoid a prison sentence to understand what they are facing. There are a very small number of attorneys who sub-specialize in parole matters.

Wes Ball

www.ballhase.com