View Full Version : How do concurrent sentences affect parole?


Lucky's Wifey
12-26-2011, 03:07 PM
I have a question JPrasil can what concurrent mean as far as time being served? My husband was on parole with a 8yr sentence then he goes and gets another drug case & they gave m 10yr sentence. He has done 4yr with a 2yr set off he come back up for parole here in about 4-6 mths. Can they possible give him another set off or will they release himon parole AGAIN? How does all this work out?

Renee
12-26-2011, 03:49 PM
I have a question JPrasil can what concurrent mean as far as time being served? My husband was on parole with a 8yr sentence then he goes and gets another drug case & they gave m 10yr sentence. He has done 4yr with a 2yr set off he come back up for parole here in about 4-6 mths. Can they possible give him another set off or will they release himon parole AGAIN? How does all this work out?

Concurrent means that two or more sentences will run at the same time. So, if the judge said your husband's 8yr sentence and 10yr sentence will run concurrently, that means the 8yr sentence will happen at the same time as the 10yr one (essentially the 8yr one will be eaten up by the 10yr one), and only the 10yr sentence will be truly considered. If the judge said they are "stacked" (or NOT concurrent), then he will have to serve the 8yr sentence first, then begin the 10yr sentence after that. I really hope they are concurent!

The parole board can pretty much do whatever they want. So, unfortunately, another set off is possible, but they may also release him on parole, too. We never know what they are going to do. I will send you a PM about the parole file process. I hope this helps!

JPrasil
12-26-2011, 05:27 PM
I have a question JPrasil can what concurrent mean as far as time being served? My husband was on parole with a 8yr sentence then he goes and gets another drug case & they gave m 10yr sentence. He has done 4yr with a 2yr set off he come back up for parole here in about 4-6 mths. Can they possible give him another set off or will they release himon parole AGAIN? How does all this work out?

I simply want to add a few things:

Ideally, they should see it as the longer sentence is predominate over the shorter sentence but with Parole that isn't the case. As Renee clearly explained how concurrent sentencing works. However, TDCJ has its own little methods and ways of doing things that do not necessarily follow any logic, reasoning, or even State or Federal Law.

They consider his parole violation, the old sentence and the new sentence. TDCJ really does not favor that he is a parole violators with a new offense. He is a parole violator with a new sentence that exceeds his old sentence. From what I know based upon research is that they will most likely make him serve a majority of his old sentence, and in some cases the full sentence, before they vote for parole.

This is pretty much what happened to my husband. He was on parole and received a a new sentence. The new sentence exceeds the amount of time on the old sentence. I thought he had chances of coming home on parole but I talked with an Attorney who told me that there is a high likelihood that the Parole Board will make him serve the rest of the parole violation and parole him on the new offense, if they give him parole. Needless to say, when my husband came up for parole he received a 1 year set-off. His old sentence discharges a few months before he comes up for parole and we really hope for parole on his new sentence. Nonetheless, I realistically see it that the Parole Board will make him serve his full sentence.

I had a friend whose guy was the same scenario. He violated parole and received a new (federal) sentence. The sentence he received was smaller than the parole violation. The logical thing would be to parole him and let him start his federal sentence. No, TDCJ gave him a 2 year set-off and he continues to serve his TDCJ Sentence.

The odds are that he has a chance like any one else to be granted parole but realistically he has a high chance of receiving another set-off until a majority of the sentence is served. This is simply because he has that parole violation hanging over his head and they want to see him serve a huge chunk of that parole violation before letting him parole out on the new sentence. I can always be wrong and I really do home I am wrong and he makes parole but from what I've seen and as many people as I talk to that happens to be the case.

Good luck!

Lucky's Wifey
12-27-2011, 07:56 AM
Thanks hey any advice helps because he wants to hire a lawyer now:-(

JPrasil
12-27-2011, 03:10 PM
Thanks hey any advice helps because he wants to hire a lawyer now:-(

For Parole there are Parole Attorneys. if you want to research then your best bet is to do a search on PTO for Parole Attorneys. Also, on the Parole & Probation thread there are quite a few post that has info. and help.

I know PTOers have mixed opinions on Parole Attorneys. Good luck if you take this route.

That is the type of attorney that does parole. As for his case his attorney can help there. There is not much one can do once they take a Plea because part of the Plea process is waving your right to an appeal. You can always consult with an Attorney. Most reputable attorneys will do a free consultation with you about his case.

Good luck!