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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23168
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother was convicted of attempted capital murder in

Customer Question

My brother was convicted of attempted capital murder in 2003. He was given 25 years, and has currently served 13.5 years. He was denied parole twice even though he has been a model inmate. Is there a certain number of years for this offense that he must serve before he can be granted parole? I know he had to serve half of his sentence, but is there an actual number the parole board is really looking for? He is in Texas.
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: yes, she was absolutely worthless. Biggest waste of $2500.
JA: What advice did they give you?
Customer: She didn't give any, whatsoever. We spoke to her once in 9 months and that was literally 5 minutes before the parole hearing.
JA: Anything else you think the lawyer should know?
Customer: There is plenty she needs to know because she had the majority of the facts from the incident incorrect.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.


Typically, a determination for parole is based on an inmate's underlying case, his personal and criminal history, his history within prison and his assessment which would indicate the risk to the community if he is released and the likelihood that he will reoffend. Eligibility is reviewed each time an inmate comes up for parole.

A parole lawyer may be able to apply to the board for your loved one's release, if he's served at least half of his sentence. However, if Parole hasn't yet certified him for release, there is, unfortunately no fundamental right to be paroled. That was determined back in 1979 in the Supreme Court case of Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 7 (1979).

In other words, they NEVER are required to parole him and all you he can do would be to keep trying, with or without the assistance of another lawyer.

Otherwise, appealing to the governor for clemency would be his best hope of an early release. Parole does the screening for the governor, however. So one way or the other, an early release is going to come down to the discretion of the Parole Board.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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