View Full Version : So what do I do next???!!!


artsgirl82
07-10-2008, 04:47 PM
My babe just got sentenced to 5 years and I am trying to get him out. Quick details...He's 26 and he just got sentenced to 5 years-state-for a drug charge and this is his first offense!!! I want to believe he can get out on probation even before his parole-am I right or is this just my imagination?? Do I have to get him another lawyer?? Will a parole lawyer help or just a regular criminal defense lawyer?

Money is no issue-but I have set my limit. Im ready to hire a parole lawyer for $2400 but Im not sure if thats what I NEED. I'll pay money for a lawyer who can guarantee his release. I guess what I want is to see what I can do to get him out now-like a bond (somewhat). Is this possible? He is already sentenced and is awaiting his transfer to TDCJ in harris county....I know there is an appeal-but I heard that takes too long-up to a year...

Does anyone have any advice or know what I can do? Ive never been in trouble and this whole jail system is new to me and me and our son want him home so bad. Any type of help or advice is greatly appreciated!!

Many Thanks,
:) Artsgirl

ReggiesLady
07-10-2008, 05:06 PM
Welcome to PTO. I'll try to address your questions and others will be along shortly. For one, no, he cannot be released on probation/bond etc. He's been sentenced and the only way for him to get out is to be approved for parole by the parole board. He won't be able to do that until he is eligible for parole though. I believe for drug charges it's 25% of the sentence has to be done. (Someone will correct me if I'm wrong but 25% would be the minimum.) So he'll have to do at least a year and a few months. Once he is eligible for parole you can hire a parole attorney or do a parole packet yourself and send it in. Personally, I think parole lawyers are a waste of money but not everyone feels that way. There's nothing a parole lawyer can do that you can't yourself. JMO though. NO ONE can guarantee ANYONE's release and IF they do you better run for the hills QUICK. Hope this helps. If you have any other questions, please feel free to ask. There are lots of people on here with loads of knowledge and experience. Take care.

kishatx81
07-10-2008, 05:10 PM
I'm kind of new at all of this so bare with me. Well, I don't know how much help this would be but I believe since he has already been sentenced you wouldn't be able to get him out on probation. He will have to parole out. Did he accept a plea bargain? If not, you can appeal I believe. Someone correct me if I'm wrong.

My husband too was in Harris County and got shipped to TDCJ. Also on a drug charge, but more than 5 years, more like 19 years. With a drug charge and no agg case he has to only do 1/4 of his time to come up for parole which will be Feb. 2010 with good time credit.

ReggiesLady
07-10-2008, 05:12 PM
Okay, so I went and checked for you. He won't be eligible for parole until his good time (time he earns for working/going to school etc) and his calendar time (actual time in jail and TDCJ) equal 25% of his sentence. If his conviction involved him being in a "Drug free zone" (i.e. school zone etc) he will have to do the full 5 years with no parole eligibility.

smallngood
07-10-2008, 07:00 PM
Artsgirl,
This is my OWN thoughts here, but what you are mentally experiencing right now is the very first stage of being flat scared that your love one is in prison- -it's called, "I can't belive my babe is in prison sydrome"- -I am NOT making a joke here, those that have had, or do have their husbands, boyfriends in prison ALL went through this- -you are normal.
One, mentally except he is in prison, a lot less stress for you.
Two, just mentally support him, write him, send him a book or two, keep his moral up- -that right there is a MAJOR job, trust me.
Two, YOU need to relax (mentally) a little bit, if you sit back and take a day at a time, it will be easier on you.
Like what has already been posted, when it is closer to his first parole date, then get busy with everything that needs to be sent in- -for now, talk to your higher power, let HIM handle it- -OK?
Be safe.

Nick's Mom
07-10-2008, 08:37 PM
I am not sure why such a difference in sentence length. My son was convicted on drug charges and got 35 years. He went to TDCJ toward the end of 2006. His first eligible for parole date is August 2009. I think our county wanted to make an example of him by showing how tough they are on drugs. Anyway, if he does make parole the first time eligible, he would have served about 4 years in all (one year in County jail). Maybe your bf will be eligible in a very short time. Let us know when you find out, ok? Just stop and take a breath right now and don't forget to take care of yourself, ok? Good luck

JaycieDnTejas
07-10-2008, 08:52 PM
Nick's Mom - There are a lot of factors involved in a sentencing, so you really can't compare "apples to apples." Each case is unique.

Arts Girl, on a 5-year first sentence, very good parole packet made, if all goes well, my loved one will end up doing 14 months on a 5-year sentence. This includes her back-time (time in county--from the date she reported to probation and was arrested for her violation). Of course she will be on parole for the remainder of her 5-year sentence. It is rough at first but as Small says, it is all shocking and new to you, but once you get over it (and everyone's situation is different), you should feel like YOU CAN DO THIS! And I believe you can.

My heart goes out to you. We are here for you. Take care.

P.S. Her first "sentence" was probation, which she violated.
P.P.S. We did NOT hire a parole attorney, because I was able to get so much excellent info from P.T.O.

ReggiesLady
07-10-2008, 09:04 PM
Nick's mom-It's ALL about the judge and what kind of mood they are in that day. Plain and simple. Sad but true. I once knew a guy who was trafficking a LARGE about of drugs down I-10 and he got 35 years out of Chambers County. He did 8 years and was paroled. But as you said, some counties just like to make an example.

artsgirl82
07-11-2008, 10:22 AM
I am not sure why such a difference in sentence length. My son was convicted on drug charges and got 35 years. He went to TDCJ toward the end of 2006. His first eligible for parole date is August 2009. I think our county wanted to make an example of him by showing how tough they are on drugs. Anyway, if he does make parole the first time eligible, he would have served about 4 years in all (one year in County jail). Maybe your bf will be eligible in a very short time. Let us know when you find out, ok? Just stop and take a breath right now and don't forget to take care of yourself, ok? Good luck

Thank you. Im sorry about your sons case-but I do wish you the best. I will-he is in county right now until he gets transferred but I will let ya'll no his outcome.

ManyThanks!

artsgirl82
07-11-2008, 10:29 AM
Well our lawyer stressed to the judge that he had no prior juvenile or adult jail time. I was there at every court date and when he got sentenced-they took him in that day! Well, actually in the beginning he was facing 5-99 years! Then after so many resets, at his court hearing he was sentenced the minimal of 5 years-I know its not so bad in relation to others-but we just had a newborn 2 weeks AFTER he got "caught". So he bonded out but then went in on 6/23 for his sentence. Anyway-this is our first child so I stress that he is not around to see him grow up....so I will do my best to get him released.

Thanks to ALL.
:-) E

JaycieDnTejas
07-11-2008, 12:11 PM
I understand completely. Part of our hurt and motivation is because of the little ones. My daughter is going to miss a little more than a year of her sons' life and it does hurt. On the other hand, I have been given an opportunity that few grandparents get and that is to have the most awesome relationship with him -- one that is uniquely ours and that I probably would not have had otherwise. And she is learning what true love really is. I will keep you in my prayers. Blessings.

Well our lawyer stressed to the judge that he had no prior juvenile or adult jail time. I was there at every court date and when he got sentenced-they took him in that day! Well, actually in the beginning he was facing 5-99 years! Then after so many resets, at his court hearing he was sentenced the minimal of 5 years-I know its not so bad in relation to others-but we just had a newborn 2 weeks AFTER he got "caught". So he bonded out but then went in on 6/23 for his sentence. Anyway-this is our first child so I stress that he is not around to see him grow up....so I will do my best to get him released.

Thanks to ALL.
:-) E

RobinsMan
07-11-2008, 12:37 PM
artsgirl, I don't have a lot to add to what's been said but I can toss in a thing or two. Parole eligibility on a five year sentence will be after about 7 months of time. That time includes county backtime. No point in getting too involved in trying to figure it out right now. Once he catches chain his Parole Eligiblity Date will be on his online Offender Information Page. Of course, as ReggiesLady said, if his offense happened to include a finding of having violated a drug free zone, making it a 3g offense and five years minimum as well. If nothing else you will know the date that he is being released from the very beginning.

On an up side, if his offense does not included a drug free zone finding (and I may be out of line here) then I might be cautiously optimistic that he has a chance to make first parole. However, that would mean going through a six or eight month in-prison treatment program, possibly with a halfway house stay after that, and there is a wait to get into the program. So, in such a case, making first parole after about 7 or 8 months will still take him what may well be another year or more to make it out the door, if all goes well.

I think that smallngood and ReggiesLady gave you good advice. Accept that this thing has started and that it will take time to play out. Work at supporting him both morally and emotionally as well as with letters and other support material to the parole board and any help as simply being a free-world advocate for him. Do not get all fired up about spending money on parole attorneys. It is a choice that you may make once you have had a chance to study and think on the matter but, in my personal opinion, it will not make a difference in his case on whether he makes parole or not. More important will be how he does his time once he gets inside.

walkonwater
07-11-2008, 12:44 PM
artsgirl, do some research on Shock probation. It is not easy to do, but you have 180 calendar days from the day of sentencing, if it was sentencing by a judge, to petition the court and ask for shock probation. Normally this is something that is discussed with the DA and defense attorney upfront, but it is possible to go this route is the judge, the DA and your attorneys can agree. The judge has jurisdication over your guys case for 180 ... and then the power is out of the hands of the judge to grant this petition.

If your guy was just recently sentenced, this may be an option for you. After the 180 days, ....... like everyone said, you wait on the TDCJ parole board to set him free.

hope this helps,
Walkonwater

britecloud
07-11-2008, 01:01 PM
michael had NO prior criminal record, an habitual-criminal accomplice that worked at the store and who turned on him in exchange for PROBATION, a steller service record, several character witnesses, a raging drug problem he was on an admissions waiting list for treatment for, and our baby was three weeks old when he was arrested............ none of it mattered-the jury gave him 13 years. .......there is no justice in texas............. arts- with the overcrowding, hopefully he will get out first round. blessings to you

artsgirl82
07-11-2008, 01:46 PM
Thank you so much!!! Yes- as a matter of fact I have heard of this, and even one of my boyfriends friend got out of a 10 year sentence, drug case also, with "shock probation". The thing is our lawyer does not return any of our calls and is very hard to get a hold of and he has already been paid in full. Now, I am back at square one trying to look for a way to get him out, even if i have to hire another attorney....at least to see what I can do for him now.

Thanks, I will have to so research of shock probation on my own now. Im going to have to count on my fellow PTO friends to help me out-I came from knowing NOTHING to actually learning about a lot on this website!

Thanks to all!

artsgirl82
07-11-2008, 01:48 PM
Im sorry to hear that-but we did hire a lawyer. Im not sure how much because him and his friend took care of it, but im sure a lawyer and what KIND of lawyer makes a difference in each case.

strawberry6977
07-11-2008, 02:07 PM
You said he was sentenced to 5 years state? If he was sentenced as a "State Jail Felony", FYI - they do straight time (day for day). No good time credit. I know that b/c of what my husband's lawyer told him...he was thankful he didnt get state jail felony for evading.

Txgirl08
07-11-2008, 02:08 PM
hi everyone im new but i have a question.my bf was sentenced 10 yrs in prison and the judge gave him shock probation.so how long will he be in there,his parole is april 2009.and will he get out before that?

Tracy
07-11-2008, 02:33 PM
Is it a State Jail felony? Cause there is a max of 2 years for a State Jail felony... maybe I misread something..will go back and read again...

Best of luck hun... I know this is tough but you will find alot of information here and everyone will try their best to help you through.....

MarksAngel
07-11-2008, 04:48 PM
Welcome to PTO!! You came to the right place!!! I remember exactly how your feeling, (although i didn't have a newborn at the time)...big difference there. I am so sorry for you...i can't imagine the emotional roller coaster that you are on right now...just having a baby and now this! I have been able to do so much with all of the knowledge and information here at PTO, that I otherwise, would have never known. I didn't even know what a support letter was...We didn't hire a parole attorney..we did everything ourselves. Mark was sentenced 2 yrs on a first time drug charge as well, was gonna be 5....attorney at the time got the charge lowered. That was in early December. He was approved for parole and is now coming home.
The moral to my story is this: No matter what....he's gonna do some time. Accept it and start praying over his protection. Praying that God gives you peace and strength to carry on for your sake and baby's sake. In the meantime, keep checking the TDCJ Offender Search for any changes. When the time comes for Estimated Parole Eligibility...get those support letters and packets going!!! It HELPS and it is free for you to do it. We will help you!!!! God Bless you!!!!!

walkonwater
07-11-2008, 06:41 PM
hi everyone im new but i have a question.my bf was sentenced 10 yrs in prison and the judge gave him shock probation.so how long will he be in there,his parole is april 2009.and will he get out before that?


If the judge gave him shock probation... he should be home in about 6 months, unless there are more charges forthcoming.. You should check with the attorney in his case.

ReggiesLady
07-11-2008, 06:44 PM
What kind of lawyer did he get? One for his appeal? Or one for parole?

For the one who asked if it was a state jail felony...the max sentence for state felonies is two years so it was not a state jail felony.

TXgirl- try posting your question under the main texas forum or the texas probation forum. I don't know the answer to your question but you're likely to get more responses if you posted it elsewhere.

RobinsMan
07-11-2008, 07:38 PM
I agree with walk that with shock probation he should do six months then be released to probation.