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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115452
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son's attorney told me after my son was sentenced to 10

Customer Question

my son's attorney told me after my son was sentenced to 10 years one day, that he would be eligible for parole in 14 months, his penal code charge is 22.041, in texas, there are no injuries and this 2nd degree felony is his first and only felony ever,
he is 30 ,I read that the one day meant just that it was given to state and taken out of counties hands, the Internet said it is not 3 g ( the da tried to get my daughter in law to say he was intentionally trying to run over her, she said no he was just trying
to leave the store where we were arguing ( she had cheated before and someone told him she did again, he was not violent towards her but didn't realize baby was in car and sped off upset , the road is a country road very dark and curvy...he flipped car hit
his head, no dr tho no hospital, anyway the county dropped the aggravated charges using car as weapon, like she told me she told the truth he was not trying to run her over , now his attorney said he coming up for parole in 14 months , some guys in jail told
him 10 years one day means he has to do the whole 10 without being eligible for parole... and I ovheard the DA after sentencing say he would be locked up for at least 5 years...
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you the information you are seeking for educational purposes only.
Pursuant to Texas Government Code § 508.145 prisoners not convicted of 3(g) offenses are eligible for release on parole when their “actual calendar time served plus good conduct time equals one-fourth of the sentence imposed or 15 years, whichever is less.” So, he has to serve 1/4 of his sentence including his good time.
For someone serving a 10 year sentence, if there are no major cases against him in prison, will be eligible after serving about 1.25 years of their
sentence because their flat time plus good time will total 1/4 of your sentence, which is why his attorney is saying he comes up for his first parole in 14 months.
Just because he is up for parole does not mean he will get it the first time and most times it takes 2 or 3 appearances before the parole board because the DA will usually object to the release, but if his wife was the victim and she comes to the board and testifies and explains what you said above, he has a good chance of success on a first parole hearing.
Customer: replied 1 year ago.
so why 10 years one day what is that day added for
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The 1 day is to move him to the state prison instead of local jail.
Customer: replied 1 year ago.
If my son doesn't make parole the first time , when will he come up for parole the 2nd time? And 3rd
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Generally, if he does not make parole the first time, it would take 12-24 months for him to come up again.