If anyone can help me with these questions, I'd greatly appreciate it! I'll make this as brief as possible. Kev was on state probation when he was arrested for a federal charge (non-aggravated/non-violent). He has been detained for 14 months. He has already been sentenced on the federal charge (30 months to run concurrent with state) and is awaiting a Rule 35 motion from the DA to reduce his federal sentence. Now he is up for sentencing on state probation violation and the word is that his lawyer can only get him 4 years. Kevin is considering just signing it if it means he could get out based on some 25% rule in Texas, which he would have already served if indeed he did get the 4 years.

#1 - What exactly is the 25% rule on state, and how does that take effect once he's sentenced?
#2 - Who would get custody - state or federal - once Kev is sentenced for his state charges? We are trying to avoid Kev going to TDC!
#3 - What is the parole process and how long does it take to get his name up once he is sentenced if he is automatically eligible for this 25% rule?

Confused? Welcome to my world!! If you have any information you can share, it would be a big help. Thanks so much!!!

there is a good chance both will get him, meaning state and feds,,,,if he broke parole violation, which he did, state has the right to take him ...then when he completes that sentnece, feds will get him..

feds do not make parole....

The 25% rule is the average time that will serve of there sentence. Randy got 15 years and should do about 5 if he is not paroled.
If he gets cases against him it will change his clasification depending on the severity and what is status is.

Laura

the 25% rule is on a case by case bases. i would have to agree with lulu. when you break state probation, the state gets you then the feds when you break state you have to do the time again, then the feds get what is left of the fed time.
my husband got 20 years and has done a total as of june 10/02 11years 4 months 18 days this inc. ( 7 yrs 1mo 6 days flat, good time 3 years 8mos,30 days work time 6 months 12 days) all for the same charge he 3 years at the beginning out for 7 years took his street time of 7 years, they gave him back the 3 from the beginning and he has done the rest now for a tech. violation of parole. by the time my husband walks out anytime now we are waiting on the boards answer now he would have done a total of about 12-13 years on a twenty the rest on parole. he falls under the old law when he got in trouble, for ever 30 days he does he gets 45 days good time added to make 75 days against the sent. he has gone to parole now for the 3 time. they say the 3rd time is the charm. he is non agg./non violant sentence.

There are numerous things to keep in mind in our lovely state. In 1996, Texas enacted DMS, discretionay mandatory supervision. What this means is, there is not really mandatory release required when flat time/good time=the sentence length. Basically, you are eligible for parole once 25% of the sentence is served, and the review process starts from that point. Review can take anywhere from 3-6 months, and a lot of 1st timers (as John's wife will attest) are set off for future review.

What I'm told lately is that I shouldn't EXPECT parole, but I just don't have the capacity to give up like TDCJ would like me to do.

Not sure I've helped at all, but I wish you the best of luck!

kath

pops girl- i my self did state time which is flat time, my sentence was in the beginning 5 years probation. i went into the system in 1999 because of not being able to finish 35 hours of community service. in texas this time was election year so alot of people went into the system. i did 1 year state which is day for day not tdc time, which a person could get out early but be on parole. is your husband etc. going to do state or tdc time there is a difference? fed time you also do day for day no parole.

Thanks for your replies everyone! I believe he is going to do TDC time first and then the feds will come get him. I know there is no parole on Feds, but do they have/offer an early release 1/2 way house or work release program?

What is this 25% thing you are talking about? I am puzzled about it. My brother got 20 years for kidnapping his best friend. He was told he could come up for parole in 10 years. I didn't know that had a 25% deal. Coud someone please expain this to me. I would like to see if my brother would qyalify for it. Thanks!