View Full Version : will he be bench warranted back....if so how long could it take? (TX)
12-30-2008, 06:58 PM
my boyfriend is in gatesville, tx fixing to pull chain between jan7-12 for diagnostics he has two seperate cases one in gatesville which he has already been senteced on and still charges here in tarrant county texas (ft. worth) our lawyer went off his bond is that normal? and i have been told that they would bench warrant him back to ft. worth to face the other charges about how long does that take? THE lawyer said as fast as possible but you know how the system is, anyway just wondering if anyone knows
12-30-2008, 08:21 PM
That is correct. When his case comes up, they will serve him a bench warrant and will bus hime from wherever he is at that time to Tarrant County Jail. How long it takes just depends on the case. If he wants to cop a plea, he might be done in a day or two. If he wants to take the case to trial, it could take months (had a buddy who spent almost a year in county waiting on trial, but I thought that was really extra long).
After he's done in Tarrant County, they will ship him back to TDCJ. Transfer facility first, then Byrd Center (diagnostics) and then Goree... the usual deal. Eventually he will get to an ID unit. Good that he is going now BEFORE he goes through diagnostics. No point in going through that dog and pony show twice!!
Remember,he gets the same credit for every day that he is in custody, regardless of where he is PHYSICALLY housed on any given day.
12-30-2008, 09:11 PM
ok he is going to diagnostics now before he is benchwarranted, and he had a court date for the ft. worth charges the same week he had court in gatesville , they were like two days apart can you believe that? well of course they didnt send him back to tarrant after he was sentenced there now i dont know what we are doing as far as a plea or anything because i still owe the lawyer 2500 dollars ive paid that much as well , but if my future mother in law heard correctly she talked to his lawyer very briefly and what i gathered from her the abe said something about trying to get him the same (2years) and have them run concurrent. now his case was enhanced and im really worried about theses charges up here?
12-31-2008, 03:44 AM
Ok, so Gainesville was his county, not a TDCJ Unit, right?
What is his court date in Tarrant County? Obviously, if he's stuck in either Gainesville County Jail or TDCJ, he can't go to court. So no worries on that part.
Bottom line, when Tarrant County wants him, they'll send for him. They do this stuff all the time, so he's not going to get lost in the system.
If he can get the Tarrant sentence (whatever it turns out to be) to run concurrent with the Gainesville sentence, all the better. You don't really want probation, cause you're already locked up on the Gainesville charge. Who wants to be on probation once you get out? Unless the only other option is a really long sentence from Tarrant.
If you want to PM me with details, I'll tell you what I can (I did my time in Texas, too).
01-02-2009, 10:26 AM
ok he is from tarrant county back before i met him he was going to see someone in gatesville prison they searched his car found like 25 cents of dope arrested him , thats where he was put on probation but they transfered to here ft. worth, ok well he screwed it up they had a warrant for revocation, well we both got arrested here in euless tarrant county his was for the probation revocation , and got 3 charges of forgery here. ok he was in tarrant for a little while i paid his lawyer 1000 dollars he bonded him so they would transfer him to gatesville for the probation deal, ok his court date came up like the 15 or so of dec, they sentecnec him to 2 years but gave him like 200 days credit now he had his court date for tarrant like 3 days later but of course was not there . he pulls chain probably wednesday of this next week . the lawyer has gone off his bond. so when he pulls chain to go to diagnostics, how long before they bench warrant him back to tarrant? and how long do you think it will take to go to court again? and do you have any idea on the chances of gettting two years for the forgery and running concurrent, see we were kinda hoping to get those dropped because there was no victim in the forgery cases. it was a made up name.
01-02-2009, 10:22 PM
Your post is very confusing.
Is he in Gainesville County Jail NOW? Or at TDCJ? Usually, they will take newcomers to a transfer unit as the first stop, before going to diagnostics? (That's because diagnostics isn't big enough to hold all the newcomers flooding into the system at one time.)
If you want to know his court date in Tarrant County, call the clerk of court and give them the court number and case number. Tarrant County will come and get him when it is time.
As for the charges in Tarrant County, without knowing the details, it is impossible to guess what kind of sentence he might get. A third degree felony carries 2-10 years. A second degree felony carries 2-20 years. A first degree felony carries 5-99 years.
01-08-2009, 12:47 PM
I am guessing that "Gatesville" is the county jail she means. It also sounds like he might have a two year state jail sentence as opposed to an ID sentence if he was busted for a small amount of dope. If so, he would go directly to the state jail to do the rest of the two years flat and not through the ID diagnostic process.
There is no way of knowing how long Tarrant county will take in getting around to bench warrant him. It could be days or it could be months. His attorney or you (if the attorney is loafing) can call Tarrant county to try to move things along or your boyfriend can write to the court requesting them to bring him there to get things taken care of if he is afraid that they have forgotten him.
Forgery can be a Class A misdemeanor, a state jail felony or a third degree felony depending upon the circumstances of the offense. State jail can be for up to two years and there will be no possibility for parole and the third degree felony, as Mark posted, is a 2 to 10 year ID sentence. It is up to the judge but it is very normal for them to order that sentences run concurrent.
01-08-2009, 06:37 PM
No parole on state jail felonies? What is the maximum time on that class?
01-13-2009, 11:36 AM
01-22-2009, 04:02 AM
ok he was in gatesville county jail, he was transfered to the gurney unit two weeks ago, but while he was in gatesville for the probation charge he was sentenced two years tdc. they also gave him about 200 or so days credit , now his lawyer said they werent suppose to transfer him to gurney he was suppose to come straight back to tarrant for the forgery charges, so he has supposedly put a warrant out for him to get transfered from gurney to tarrant, that has been two weeks now. he said it should only take a couple of days so i dont know if he (the lawyer ) is just fucking off or what , but he also did say that once he is back in tarrant that he could get him time served on the forgery charges i also think that they dropped the charge down to fraud. so could he get paroled out when he gets back to tarrant?
01-22-2009, 09:06 AM
Not if he's got two years from the Gatesville charge. Chances are he'll do the entire two years, one year at minimum. Of course, he gets credit ON THAT CHARGE for every day spent in county. Whether those days can ALSO count toward the fraud sentence remains to be seen.
Sounds like Gatesville and Tarrant did not do a good job of communicating regarding his transfer. But, in fairness, HE should have spoken up and said something, too. Anyway, Tarrant will send for him when they are ready for him.
You can't get physically released from county on a TDCJ sentence, anyway. Have to go through the Walls Unit in Huntsville for release processing. Now, if Tarrant is really, really slow on this stuff (like a year or more) and his number comes up before they get to him, he might be out by that time.
That would likely set up an even bigger mess. No way is he going to get "time served" if he's already paroled on the other charge. So he'd just be going back on the second sentence. Legally, Tarrant is not required to credit you with time served while locked up on a SEPARATE CASE. They can, but they don't have to since it's someone else's case. If Tarrant really wants to be an A-hole, they can say "go do your Gatesville sentence, and THEN come see me about this one."
Best option would likely to be get a sentence of 2 years or less (fraud is a large category that can be in any one of multiple classes depending on how much money you're dealing with) run concurrent with the other charge (from Gatesville) and back date it as far as possible. (Of course, you can't backdate it before the charge was filed and/or if he was ever out between then and now.)
01-26-2009, 03:00 PM
Um, there is no way to know what the parole board will do if he is eligible for parole but you haven't made it clear what level of felony is associated with his current two year sentence. If it is a State jail Felony (VERY likely) then he will do the time remaining on his two year sentence with no possibility of parole.
If someone is approved for parole while in county jail then they are released directly from county without having to transfer to TDC.
When his time for a particular sentence begins can certainly be a mess, as Mark2008 says. Typically, if someone is in jail on one charge, time cannot begin for another sentence until or unless a hold has been placed on him for that offense. I am not sure but it might be allowed date back further to when an arrest warrant was issued, regardless of whether a hold was put in place. It certainly does not appear that any hold was in place from Tarrant County if his paperwork was sent on in to TDC by Coryell County.
I can't really answer this but I asked the exact same question of Robins attorney about what happens should someone make parole before they are sentenced on pending charges that are set to run concurrent. Keeping in mind that in her specific case there would have been no substantive change to which sentence(s) would rule and I suspect that is implicit in his repsonse but his answer was that if she made parole before being sentenced in pending cases in another county and the sentence was set to run concurrent that, given the backtime she had coming in the new sentences, she would remain on parole without having to be returned to TDC and make parole again. We never found out if that were true because she never made parole before she was sentenced in the pending cases.