Criminal Law Questions? Ask a Criminal Lawyer.
the penalty for possesion of marijuana in a drug free zone in Texas is a Class 2 felony and carries a minimum of 5 years.
here is the TX law on the class 3 felony - the judge can make it without parole
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
thank you but i still dont understand..he read in the law library he has to do 5 whole years before he is eligible but he is only sentenced to 5..so if he is sentenced to 5 and he does 5 he is a free man..im just confused..i just need to know if he will be paroled before the 5 years..his attorney said he would do 25% oh the time and others are telling us that the parole board will look at his case as a 3G which he would have to do 50% of his time..i just need to know if it is mandatory in the state of texas that he does 5 whole years for possession in a "school zone"
the judge can make it without parole which means that he would not have a parole hearing. but there are other ways that an inmate can be released early - say 25% and that is with good conduct credits. everyday that he does not get into trouble he will get credit - say 2 for 1 days - so that is going to lessen his stay. but if he misbehaves he wont get those credits and/or can have any he has accumulated taken away.
he has already been sentenced and is waiting to be transfered to tdc..does that mean i have to find out if the judge made it withouth parole?
yes. you can check the court records to see how the commitment reads. if there is no parole the commitment will be marked as such
Thank you very much for your helpful information Samuel!!!!!!!!!!!! please reply so i can accept your answer to credit your account thank you again!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).