View Full Version : State Jail Time Gets No Time Credit! Bradshaw Texas State Jail


jimbo's EX LADY
10-06-2004, 04:26 PM
OK I HAVE JUST FOUND OUT SOMETHING AND I AM WONDERING IF ANYONE CAN PROVE ME WRONG? MY FIANCE' IS AT A STATE JAIL AND HE HAD SPENT 7 MONTHS IN JAIL PRIOR TO HIS ARREST FOR PROBATION REVOCATION AND I WAS TOLD HE WILL NOT RECEIVE THE 7 MONTHS TIME CREDIT TO HIS SENTENCE.
IN OTHER WORDS:::
STATE JAIL FELONS DO NOT GET TIME CREDIT PRIOR TO BEING ARRESTED ON REVOCATION OF PROBATION. THEY ONLY GIVE YOU THE CREDIT FOR THE TIME IN JAIL ON REVOCATION OF PROBATION AND THAT'S IT.
HAS ANYONE ELSE BEEN THROUGH THIS AND HAVE GOTTEN CREDIT ON A STATE JAIL FELONY????????/

bgirlcano
10-06-2004, 06:04 PM
It all depends on the judge who sentences him. My husband is in for parole and probation revocation. He was in county jail for about 6 months. When he was sentenced for the probation revokation, he was given credits since the day he was first arrested, instead of the day TDCJ got him.The judge was very nice and I beleive fair. When I talked to the DA's assistant she told me she was suprised he did that because its not done very often. I don't know if this helps to prove anything though.

jimbo's EX LADY
10-06-2004, 06:15 PM
It all depends on the judge who sentences him. My husband is in for parole and probation revocation. He was in county jail for about 6 months. When he was sentenced for the probation revokation, he was given credits since the day he was first arrested, instead of the day TDCJ got him.The judge was very nice and I beleive fair. When I talked to the DA's assistant she told me she was suprised he did that because its not done very often. I don't know if this helps to prove anything though.

Jimbo was in county jail when he was charged with the felonies and 7 mths. later they gave him probation and then 2 yrs later he revoked that and was sent back to county jail for probation revocation hearing and given 18 mths. in State Jail which is apart of TDCJ but yet it is not. I was told that he will not get the 7 mths. credit before given probation because you don't get credit on state felony charges since they can only sentence you for up to 2 years maximum.
So is your husband in state jail which is part of TDCJ or in prison? I guess that could be the difference, I am not sure, but I definitely want to get to the bottom of this for sure, before hiring an attorney to reopen the case for nothing.

thanks pauline

jftazzy102
10-06-2004, 08:39 PM
Pauline, hey girl. I don't why I didn't think about this anyother time you and I have talked about this subject. Yours is in STATE JAIL and mine is in PRISON. When he was sent back to Texas this time I remeber talking to Joe Dawson, that was his lawyer for all three times. First orignal case, the second case where he was give back adult probation, and this final one (he did it pro bono) and we where talking about state jail and prison. Joe was telling me that he was fairly certain he could get him all of his timed served credit all the way back to 1995. I said something about state jails being nicer or some shit. Anyways Joe said that you don't want him to go to state jail. Hope that he gets TDC (prison) because in state he would NOT get his time served. He would just get from when they arrested him this time. And that state jail doesn't give the credits that prison does. Check with trulykath or mlk2001 about this. But I am pretty sure that is what Joe Dawson told me and he was one of the best criminal lawyers in Amarillo. Love ya Girl Jeanne

MRWIFE
10-06-2004, 08:47 PM
I Think It Depends On The Judge

jimbo's EX LADY
10-06-2004, 08:56 PM
Pauline, hey girl. I don't why I didn't think about this anyother time you and I have talked about this subject. Yours is in STATE JAIL and mine is in PRISON. When he was sent back to Texas this time I remeber talking to Joe Dawson, that was his lawyer for all three times. First orignal case, the second case where he was give back adult probation, and this final one (he did it pro bono) and we where talking about state jail and prison. Joe was telling me that he was fairly certain he could get him all of his timed served credit all the way back to 1995. I said something about state jails being nicer or some shit. Anyways Joe said that you don't want him to go to state jail. Hope that he gets TDC (prison) because in state he would NOT get his time served. He would just get from when they arrested him this time. And that state jail doesn't give the credits that prison does. Check with trulykath or mlk2001 about this. But I am pretty sure that is what Joe Dawson told me and he was one of the best criminal lawyers in Amarillo. Love ya Girl Jeanne

That is what the District Clerk told me today, but the atty. I have, said he can get the time credit; although before paying him I will make sure that he understands me. Right now, I am hitting up the State Bar Association to file against the state paid atty. and if all else fails, then the case can be reopened for improper counsel. This is so sad if what you say is true. What do I tell Jimbo ( hey, maybe you should have done more wrongs to get prison time) I mean really it doesn't make any sense. IN the meantime, a judge of all people can change a person's sentence as he sees fit. It is sad to know that your future does not lay in some criminal handbook, it is up to the judge because he has that power.
I flunked history in school and now the more i learn the more i hate it. I am still new with the laws and procedures and all, but like I said I am learning, and the hard way at that.
The district clerk knew me by my first name when I inquired about Jimbo. LOL LOL. She said she has been getting the letters from Jimbo and I ( in a sarcastic way) LOL I don't know whether to thrilled or worried to be known by a first name basis?

thanks pauline

MoMo
10-06-2004, 09:14 PM
ok i am a little confused here. he was given a state jail sentance? what was the charge and what was the sentance? You stated he was in on a revocation. did he get a new charge that resulted in a state jail sentance? or is he in prison for a revocation of an old sentance that isnt completed?

It is true that if you are sentanced state jail time. It is a flat time. but if he is in on a revocation of a differant sentance he should be serving tdc time. He could just be housed in a state jail. if he is just housed in state jail he should get credit for past jail /prison time. he may not get credit though for street time.
again i am commenting with out knowing the whole story.

jimbo's EX LADY
10-06-2004, 09:31 PM
ok i am a little confused here. he was given a state jail sentance? what was the charge and what was the sentance? You stated he was in on a revocation. did he get a new charge that resulted in a state jail sentance? or is he in prison for a revocation of an old sentance that isnt completed?

It is true that if you are sentanced state jail time. It is a flat time. but if he is in on a revocation of a differant sentance he should be serving tdc time. He could just be housed in a state jail. if he is just housed in state jail he should get credit for past jail /prison time. he may not get credit though for street time.
again i am commenting with out knowing the whole story.
OK back on 11/2001 he was charged with crim. misc1500<20,000, evading arrest/det. w/veh., unauthorized use of motor vehicle. He stayed in county jail for 7 mths before given 5 yrs probation on 11/2002 2 of those 5 yrs. would be a drug facility which is where he walked away from and never went back. He had also signed a 2 yr. cap for state jail in case he did revoke probation. Well on July 7, 2004 he was picked up with no new charges and on 8/3/2004 he had the probation revocation hearing where he was sentenced to 18mths minus 1 month credit(7/7/04--8/03/04) so 17 mths. State Jail Sentence. He is in state jail for state jail felonies. He gets no credit for being trustee, good behavior,etc. When he gets out it is time served, no probation, etc. He is to serve the 17 mths. flat.

I hope this helps in giving me some information.

thanks Pauline

MoMo
10-06-2004, 09:41 PM
ok if they are state jail felonys then he will serve the 17 flat just like you stated. There is no good time in state jail. I know it sounds bad to you but the positive thing for you to realize is when he comes home he is done with it. No probation or parole. that right there is worth its weight in gold. I hope this helps a little. I know that 17 months sounds like a long time but it will be over before you know it. He is already down to 15 months left.

Good luck to ya!

jimbo's EX LADY
10-06-2004, 10:05 PM
OK now I am wondering why the atty. sounded positive about getting him the time credit if he can't have it for state jail time? I would ask the atty. but I have not been able to reach him yet. The atty. was even sure about reopening the case for improper counsel (court appt. atty.)when the hearing took place. 10 min. prep time is just a little questionable on preparing a case even for revocation of probation. This atty. knows Jimbo's history and he knew that he was in state jail.

MoMo
10-07-2004, 05:26 AM
it sounds like to me the attorney is trying to get the credit for him being in jail the first time for 7 months. I dont know what grounds he is trying to get this on. Maybe like you said he is trying get the time by a new trial from ineffective counsil.
when he was setenced he was given the 2 years state jail time if he didnt comply with the probation. I do not see how they could change that without reopening the case and taking it back to court. I would definately ask your attorney about this. I would be intrested to find out how he plans on getting the time credits. maybe he is confusing it with TDC time. Let us know.

Maureen

biscuitmom
10-07-2004, 07:35 AM
Credit for time served in county is given for both state jail and tdc time.

1. It's the attorney's job to make sure it's in the plea agreement. 2. it's the defendant's job to verify it's there before signing. 3. Even if both have done their job, sometimes the time doesn't get credited due to other errors.

The defendant should have been given papers at the time of the sentencing; he should check these to make sure they specifiy credit for time served. If it's not there, consult the attorney. If it is there, have the inmate check his time sheets to make sure it shows up. You can also call tdc time records and they'll give you the breakdown of how much time he's credited with to date.

Altho it's true that state jail offenders are not eligible for good time credits, that has no bearing on this case because the time served in county is calendar time.

That's the simple answer. If there are other factors in this case, such as shock probation, or the county time being applied to other charges, then it could be more complex.

biscuitmom
10-07-2004, 07:54 AM
Sorry, I didn't see your post below the first time.

They're giving him the 2-yr state-jail cap to which he agreed.
Minus the 7 mths credit, that's 17 months.
When they sentenced him to 18 months they were already giving him 6 months his county jail time, and then they added in 1 more month credit to make it come out to the 7 mos credit.

I can't comment on the effectiveness of his counsel, but based on the info you gave below, he came out better than many others I know who had fewer offenses. Walkaways especially are often dealt with very harshly, and had he gone to tdc,it's likely he would have been assigned to a higher custody level, and 1st parole imo would have been a long shot.

OK back on 11/2001 he was charged with crim. misc1500<20,000, evading arrest/det. w/veh., unauthorized use of motor vehicle. He stayed in county jail for 7 mths before given 5 yrs probation on 11/2002 2 of those 5 yrs. would be a drug facility which is where he walked away from and never went back. He had also signed a 2 yr. cap for state jail in case he did revoke probation. Well on July 7, 2004 he was picked up with no new charges and on 8/3/2004 he had the probation revocation hearing where he was sentenced to 18mths minus 1 month credit(7/7/04--8/03/04) so 17 mths. State Jail Sentence. He is in state jail for state jail felonies. He gets no credit for being trustee, good behavior,etc. When he gets out it is time served, no probation, etc. He is to serve the 17 mths. flat.

I hope this helps in giving me some information.

thanks Pauline

jimbo's EX LADY
10-07-2004, 10:35 PM
Sorry, I didn't see your post below the first time.

They're giving him the 2-yr state-jail cap to which he agreed.
Minus the 7 mths credit, that's 17 months.
When they sentenced him to 18 months they were already giving him 6 months his county jail time, and then they added in 1 more month credit to make it come out to the 7 mos credit.

I can't comment on the effectiveness of his counsel, but based on the info you gave below, he came out better than many others I know who had fewer offenses. Walkaways especially are often dealt with very harshly, and had he gone to tdc,it's likely he would have been assigned to a higher custody level, and 1st parole imo would have been a long shot.
I do agree with you that it does appear that he got the 18 mths. based on the jail time prior to this, but that is not on the judgement. I do agree it could have been the full 2 yrs. but that was not the case. I do have a suggestion to appeal the sentence and request change of judge and go back in to reopen the case due to improper counsel.
What is your feedback on this?????????

thanks pauline

biscuitmom
10-08-2004, 08:57 AM
Pauline, I should have clarified what I said by adding that it was my opinion - based on observation & experience - that it's what happened in your case. It's how lawyers play the numbers negotiating game.

Assuming you're able to the case re-opened, there's a big risk. The best you could do is get 6 months knocked off his sentence, which is unlikely - they'd probably just resentence him to 24 mos and give him credit and you'd end up right back where you are. On the other hand it also opens up the possibility of his getting the full 5 years tdc time.

In addition, he might be done with his sentence by the time you get through the process. Proving incompetent counsel takes a long time, and the burden is on you to come up with the evidence.

The less risky option would be to seek competent counsel about the chances of getting the other 6 months of credit for time served applied to the 18 months, since that's what you want to do. Don't even bring up the issue of incompetent counsel.


I do agree with you that it does appear that he got the 18 mths. based on the jail time prior to this, but that is not on the judgement. I do agree it could have been the full 2 yrs. but that was not the case. I do have a suggestion to appeal the sentence and request change of judge and go back in to reopen the case due to improper counsel.
What is your feedback on this?????????

jimbo's EX LADY
10-08-2004, 12:42 PM
Pauline, I should have clarified what I said by adding that it was my opinion - based on observation & experience - that it's what happened in your case. It's how lawyers play the numbers negotiating game.

Assuming you're able to the case re-opened, there's a big risk. The best you could do is get 6 months knocked off his sentence, which is unlikely - they'd probably just resentence him to 24 mos and give him credit and you'd end up right back where you are. On the other hand it also opens up the possibility of his getting the full 5 years tdc time.

In addition, he might be done with his sentence by the time you get through the process. Proving incompetent counsel takes a long time, and the burden is on you to come up with the evidence.

The less risky option would be to seek competent counsel about the chances of getting the other 6 months of credit for time served applied to the 18 months, since that's what you want to do. Don't even bring up the issue of incompetent counsel.
OK I do agree with everything you say. I am getting the atty. to get the 6 or 7 mths. jail credit applied to the 18 mths. I will only go that route if the right feeling is there(if I don't good about the atty. getting the time then I am not going to waste my money since Christmas is just around the corner)
Since by law the judge has the final say so on the sentence, or changing the sentence if he chooses to, then I can still keep writing him or begging him to change it(Right?) How many letters can I write before he gets really mad or irritated with me? Do you know if he might ever respond back?

biscuitmom
10-08-2004, 09:18 PM
It's not a matter of making the judge mad or not. The judge can't and won't take any action based upon your letters. There are legal considerations and processes that must be followed. That's why you need an attorney if you want to pursue it.


Since by law the judge has the final say so on the sentence, or changing the sentence if he chooses to, then I can still keep writing him or begging him to change it(Right?) How many letters can I write before he gets really mad or irritated with me? Do you know if he might ever respond back?

jimbo's EX LADY
10-08-2004, 09:26 PM
It's not a matter of making the judge mad or not. The judge can't and won't take any action based upon your letters. There are legal considerations and processes that must be followed. That's why you need an attorney if you want to pursue it.
OK I understand that the judge is the only one that change the sentence and he can pretty much do what he wants as long as he does it within the guidelines. I was told that the judge can at anytime change his sentence to less time or place him back on probation or just let him go as time served.

I talked to the atty. again today and we are going for improper counsel and shock probation.

Thanks Pauline

biscuitmom
10-08-2004, 09:56 PM
And how does the attorney plan to do this, since persons who have previously been on probation are not eligible for shock probation?

I hope you haven't signed anything. Cant speak for you first atty but this one sounds incompetent as hell.


I talked to the atty. again today and we are going for improper counsel and shock probation.
Thanks Pauline

biscuitmom
10-08-2004, 10:02 PM
Whoever told you this is either ignorant, crooked, or incompetent.
Or all three combined.
You are getting some very bad legal advice. I hope you're not paying for it.

I was told that the judge can at anytime change his sentence to less time or place him back on probation or just let him go as time served.
Thanks Pauline

jimbo's EX LADY
10-08-2004, 10:11 PM
And how does the attorney plan to do this, since persons who have previously been on probation are not eligible for shock probation?

I hope you haven't signed anything. Cant speak for you first atty but this one sounds incompetent as hell.
I don't know how he plans on doing this, but he said he could file the motion for shock probation, since this is his first time in State Jail it is a possibility. He said he will review all the paperwork and go from there, but just like everything else I will stay on top of him and every move he makes since it's my money and not the state paying for it.

Yes the first atty. Steven Blount was a joke. I have read somewhere that when you are in county jail, someone has to come after you have been in there 5 days to screen you for diligence. Jimbo did not get screened and he was in county from 7/07/04 until 8/3/04 and he met his state payed atty. 8/2/04 for about 10 min. and the atty. told him "Well I don't know the history of your case or anything else, so let's just go to court tomorrow and see what happens there" THAT IS A JOKE IN ITSELF TO TELL SOMEONE THIS WHEN THEY ARE DEPENDING ON YOU TO DEFEND HIM.

ALSO BECAUSE OF ALL OF THIS I AM NOW SIGNING UP TO TAKE CRIMINAL LAW CLASSES TO LEARN MORE AND GO ON TO EARN A DEGREE IN IT I HOPE!

servingtime2
10-08-2004, 10:13 PM
OK I understand that the judge is the only one that change the sentence and he can pretty much do what he wants as long as he does it within the guidelines. I was told that the judge can at anytime change his sentence to less time or place him back on probation or just let him go as time served.

I talked to the atty. again today and we are going for improper counsel and shock probation.

Thanks Pauline
Pauline,
My son is serving a one year sentence at Bradshaw State Jail. He was arrested in 2002, spent 60 days in county, went to court and was placed on probation. His probation was revoked this year and before going to Bradshaw he spent 48 days in county. I have what I assume is his "time sheet" and it says DAYS CREDITED: 108. The time sheet also says JAIL GOOD TIME: Y. During his stay in county inmates were receiving 2 for 1 and trustees were receiving 3 for 1. The best I can figure he was given all of his backtime but it was day for day rather than the 3 for 1 we expected. The 2 for 1 or 3 for 1 in county is considered "good time" so I suppose that is the reason he wasn't given that credit. If you'd like to see what all is on these time sheet things I'll scan this one and email it to you. Let me know.

Debbie

CenTexLyn
10-13-2004, 11:14 AM
He is entitled to time spent in custody awaiting sentencing but not time credits for time in custody as a condition of probation. This is not a TDCJ issue on the time but rather is entirely in the province of the atty that represented him, the DA and the judge...it sounds more like someone didn't fill in the blank on the sentence and judgment for the seven months of credit.

There are no good-time credits that would be applied on a state jail sentence due to there being no parole or mandatory supervision from those sentences.

Another factor is whether he was reflected as being in custody ON THAT PARTICULAR CAUSE NUMBER. Time and again, I have seen people that went into county custody on charge A and were later sentenced on charge B but charge B was reflected as having been on a bond status or not otherwise related to charge A...in other words, it is as if they were never held on the charge for which sentence gets pronounced.

When people screw up a probation, they need to ensure they have an attorney that understands time credits...attorneys are something that you get what you pay for, and if your life or freedom is on the line, you want to do whatever you can to get counsel that has a clue.