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Old 04-22-2019, 04:04 AM
Happy2015 Happy2015 is offline
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Question How do we request a concurrent sentence?

Boyfriend is in prison on a drug charge which violated his probation on another charge in a different county. How do we reqqquest a concurrant sentence so he can serv time for both at the same time.
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Old 04-22-2019, 07:31 AM
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Welcome to Prison Talk. His lawyer needs to ask the judge at his probation violation sentencing hearing.
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Old 04-22-2019, 08:17 AM
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So he needs to wait til he goes to court to request. Will he be able to do that even tgough he is in prison. We dont want him to get out for parole ( which is still 2 years from now) and be picked up from that county to do another 2 years for that charge.
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Old 04-22-2019, 11:43 AM
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If they file a detainer with his current prison system, he won't be released when he is supposed to be. He will be held until the other county picks him up. The way to avoid that, if it is possible at all, is to get the other county to agree not to file a detainer (or an arrest warrant) for their PVs. He can contact them by letter, and try to resolve his charges while he is still in the other prison.
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Old 04-22-2019, 01:55 PM
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I am not familiar with the process in Texas. In California, we actually have a system in place where an inmate who becomes aware of a warrant or another case pending against them can file a form essentially demanding that the county that the want is out of has to either start proceedings immediately (well, not literally immediately, but in the sense of has to come get him now and extradite him from prison to their county jail, or whatever the process is for those sorts of situations in Texas if they have a similar situation in place,) or drop the warrant. It could be that the county with the want decides that the probation violation is served out by him doing time on the current charge and lets that be the punishment.


If he has an attorney you might want to contact them for advice. He also might want to talk to someone in the prison system (maybe his counselor?) to ask them if there is a process in place for him to get the want in the other county cleared up before his time is served out.


Not to make a judgmental take here, but generally speaking, if you're on probation and commit a new crime, that is not going to look good to the courts. So the question I would have is.....is he really done with what he's doing and ready to stay out? Is he getting help? Is he doing 12-step? But I guess that's really a topic for another thread.....I will say, though, that if he is hoping to get a break on the probation violation and not have to serve time on top of time, he might want to be able to exhibit to the court exactly what he is doing to fix his drug problem. Bear in mind.....a judge is going to be more inclined to give the benefit of the doubt or cut a break to people who are actively trying to improve themselves and can show proof than those who are repeat offenders. He now has an additional offense working against him. I'm hoping that he'll have done something by whenever that court date comes up to show that he should be cut a break and given credit for this time on both sentences.


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Last edited by missingdee; 04-22-2019 at 01:58 PM..
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