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  #26  
Old 09-22-2009, 01:02 AM
408east 408east is offline
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My son got 40 years on aggravated Robbery. First offense. Am I lucky or what. I cry everyday. They said 40 years. Never said nothing about parole. How many years will your son serve before eligible for Parole. What is he saying prison is like. This happened last week and I can't stop crying.


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Originally Posted by cchilds3862 View Post
It really depends on the county the crime was committed in. Regardless of what the laws are in Texas. As most of you know, the rules and regs are made up along the way in any given situation. My son was sentenced to 99 yrs for an agg robb. First offense. He was certified as an adult at the age of 16yrs old and not eligible for parole till 2028. The same crime was committed in another county a week or so after my son's and that person received a 12 yr sentence. Go figure!!
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  #27  
Old 09-23-2009, 11:17 PM
408east 408east is offline
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My 18 year old son ws given 40 years.
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  #28  
Old 05-23-2010, 05:54 PM
nicholaslove nicholaslove is offline
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Default Trying to get rid of agg charges to help with over crowdedness?

Does anyone have any information on this? i heard that they are trying to pass some law about dropping agg charges so they can have more room in the prisons?
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  #29  
Old 05-24-2010, 12:26 AM
Onaicult Onaicult is offline
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I have not heard or seen anything about that nicholaslove - unfortunately it sounds like another jailhouse rumor.
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  #30  
Old 05-24-2010, 09:55 AM
ReggiesLady ReggiesLady is offline
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Unfortunately, this is just another version of a rumor that's been going around for years. No truth to it. Sorry.
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  #31  
Old 06-09-2010, 07:18 PM
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The law pertaining to aggravated robbery was changed in 1995. It is still considered a 1st degree felony that carries 5-99, but a person must do Ĺ of their sentence flat to come up for parole the 1st time. If you receive a 10 year sentence then you must do 5 years before the parole board considers you for review. Good time and work time which applies to non aggravated sentences is not recognized in any crime such as aggravated robbery that involves a weapon. Prior to 1995 all aggravated robbery sentences were under the ľ law. Everyone did ľ of their sentence flat to come up for parole the 1st time. If you had say a 10 sentence for aggravated robbery prior to 1995 you did 2 Ĺ years to come up for review.

Most people with an aggravated robbery sentence do not make their 1st parole as a general rule, but Iím sure there are exceptions to that. The Parole Board can give someone up to a 5 year setoff with this type offense and if they see fit to do so they do not have to grant parole at all, they can make you do the entire sentence.

If it is a situation where the robbery itself is the individuals 1st offense and no one was injured and there was no contact or bodily injury then there is a good chance theyíll make their 2nd parole. A lot of times a 1 or 2 year setoff is involved the 1st time up for review under those circumstances, but itís the way the Parole Board has gone about their business since the law was changed back in 1995 and the prison system was expanded.

As a general rule, if the circumstances are like the ones mentioned above I wouldnít think anymore than 20 years would be handed out to someone for their 1st offense. Iíve seen a number of men with less time than that, but a minimum of 2 years flat has be to served regardless of how small the sentence is.

Where parole is concerned many have to wear an ankle monitor for 60-90 days upon release and for those of who are repeat offenders itís not unusual to see SISP applied for a minimum of 1 year. Iím on parole for 2nd degree robbery and as of today Iíve been on SISP for 8 months now with 4 months to go before I am brought up for review with the hope of being downgraded to maximum supervision in which no monitor is involved at all.

The majority of us with robbery convictions are not likely candidates for outside trustee or S2 status. Iím sure there are some who make it, but for the most part that changed when George Bush became governor and the changes that we see now came along about 15 years ago.
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  #32  
Old 06-12-2010, 10:14 PM
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My fiance got 40 years for agg robbery and his gun was a brokwn gun, no priors, he was 21 so you never know....
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  #33  
Old 06-24-2010, 03:14 PM
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Default what is S2

Quote:
Originally Posted by Firebrand View Post
The law pertaining to aggravated robbery was changed in 1995. It is still considered a 1st degree felony that carries 5-99, but a person must do Ĺ of their sentence flat to come up for parole the 1st time. If you receive a 10 year sentence then you must do 5 years before the parole board considers you for review. Good time and work time which applies to non aggravated sentences is not recognized in any crime such as aggravated robbery that involves a weapon. Prior to 1995 all aggravated robbery sentences were under the ľ law. Everyone did ľ of their sentence flat to come up for parole the 1st time. If you had say a 10 sentence for aggravated robbery prior to 1995 you did 2 Ĺ years to come up for review.

Most people with an aggravated robbery sentence do not make their 1st parole as a general rule, but Iím sure there are exceptions to that. The Parole Board can give someone up to a 5 year setoff with this type offense and if they see fit to do so they do not have to grant parole at all, they can make you do the entire sentence.

If it is a situation where the robbery itself is the individuals 1st offense and no one was injured and there was no contact or bodily injury then there is a good chance theyíll make their 2nd parole. A lot of times a 1 or 2 year setoff is involved the 1st time up for review under those circumstances, but itís the way the Parole Board has gone about their business since the law was changed back in 1995 and the prison system was expanded.

As a general rule, if the circumstances are like the ones mentioned above I wouldnít think anymore than 20 years would be handed out to someone for their 1st offense. Iíve seen a number of men with less time than that, but a minimum of 2 years flat has be to served regardless of how small the sentence is.

Where parole is concerned many have to wear an ankle monitor for 60-90 days upon release and for those of who are repeat offenders itís not unusual to see SISP applied for a minimum of 1 year. Iím on parole for 2nd degree robbery and as of today Iíve been on SISP for 8 months now with 4 months to go before I am brought up for review with the hope of being downgraded to maximum supervision in which no monitor is involved at all.

The majority of us with robbery convictions are not likely candidates for outside trustee or S2 status. Iím sure there are some who make it, but for the most part that changed when George Bush became governor and the changes that we see now came along about 15 years ago.
Not familiar with "S2" term. Can you explain?
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  #34  
Old 07-05-2011, 09:04 AM
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Originally Posted by Texasfem View Post
My son got a 5 year sentence and he spent 3 years in prison and is now on parole. Good Luck!! Jeannie
if you are still on here i know this posting was back from 2009 but i my husband is in a similar situation as ur son. he received 6 yrs but was granted about 22 months of back time, can you tell me how long ur son was in there before eligable for parole? thnx
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  #35  
Old 07-05-2011, 09:17 AM
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Quote:
Originally Posted by Firebrand View Post
The law pertaining to aggravated robbery was changed in 1995. It is still considered a 1st degree felony that carries 5-99, but a person must do Ĺ of their sentence flat to come up for parole the 1st time. If you receive a 10 year sentence then you must do 5 years before the parole board considers you for review. Good time and work time which applies to non aggravated sentences is not recognized in any crime such as aggravated robbery that involves a weapon. Prior to 1995 all aggravated robbery sentences were under the ľ law. Everyone did ľ of their sentence flat to come up for parole the 1st time. If you had say a 10 sentence for aggravated robbery prior to 1995 you did 2 Ĺ years to come up for review.

Most people with an aggravated robbery sentence do not make their 1st parole as a general rule, but Iím sure there are exceptions to that. The Parole Board can give someone up to a 5 year setoff with this type offense and if they see fit to do so they do not have to grant parole at all, they can make you do the entire sentence.

If it is a situation where the robbery itself is the individuals 1st offense and no one was injured and there was no contact or bodily injury then there is a good chance theyíll make their 2nd parole. A lot of times a 1 or 2 year setoff is involved the 1st time up for review under those circumstances, but itís the way the Parole Board has gone about their business since the law was changed back in 1995 and the prison system was expanded.

As a general rule, if the circumstances are like the ones mentioned above I wouldnít think anymore than 20 years would be handed out to someone for their 1st offense. Iíve seen a number of men with less time than that, but a minimum of 2 years flat has be to served regardless of how small the sentence is.

Where parole is concerned many have to wear an ankle monitor for 60-90 days upon release and for those of who are repeat offenders itís not unusual to see SISP applied for a minimum of 1 year. Iím on parole for 2nd degree robbery and as of today Iíve been on SISP for 8 months now with 4 months to go before I am brought up for review with the hope of being downgraded to maximum supervision in which no monitor is involved at all.

The majority of us with robbery convictions are not likely candidates for outside trustee or S2 status. Iím sure there are some who make it, but for the most part that changed when George Bush became governor and the changes that we see now came along about 15 years ago.

what is good time/work time? is that the same as back time? for instance my husband was jus sentanced to 6 yrs for agg robbery but was given about 22 months of back time so will that go toward 1/2 his sentance that he has to serve before becoming eligable for parole? PLZ reply!! thnx!
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  #36  
Old 04-28-2013, 04:42 PM
Erika59 Erika59 is offline
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Default Agg robb

@garces32
Well 2 1/2 yrs,ago the father of my kids did a agg robb at a conveniant store w/a knife and stole a couple items while having the clerk at knife point nd he got sentenced to 10yrs w/possibility of parole in 2016...
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  #37  
Old 06-16-2013, 07:09 PM
janalucysue janalucysue is offline
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Default how does this happen?

Quote:
Originally Posted by ReggiesLady View Post
Robinsman is correct. There are other factors like any priors and what the circumstances were that will have an affect also. There is also the possibility that they could take the agg. off but I've seen here lately where even though they take the agg. off, TDCJ still treats it as such once they arrive. Prayers going up for you!
I don't understand how TDCJ can treat a case as aggravated if the term was legally removed. Please explain. My son is working through his attorney to complete a deal with the DA. They offer more time for non-aggravated and less time for aggravated. We don't know what to "go for." Please help.
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  #38  
Old 06-17-2013, 06:52 AM
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First, my thought is that he should go for non aggravated but the difference between aggravated versus non aggravated for some offenses can be less than others so knowing which two offenses are being offered can allow for a better response.

Second, TDC cannot, and does not, treat a non-aggravated offense as if it were. That is a myth. I believe that this misinformation is usually the result of people not understanding the ongoing affect of a previous conviction for an aggravated offense or that some non aggravated offenses carry some of the same penalties as do aggravated offenses.

Down sides of a sentence for an aggravated offense:
1) Must do half of the sentence flat with no consideration of good time before becoming eligible for parole. This is as compared to one quarter of the sentence that with good time it turns into less than one eight of the sentence. Example: On a 10 year aggravated sentence one is eligible for parole after 5 years. On a 20 year non aggravated sentence one is eligible for parole after about 2 1/2 years. Caveat: The parole board can deny anyone parole regardless of any other consideration. Eligiblity for parole does not infer approval for parole.
2) Those serving a sentence for an aggravated offense are not eligible for release to mandatory supervision. There is another mechanism for early release in addition to parole called Release to Mandatory Supervision. For those that are eligible, and don't do anything that causes them to not earn or to lose the good time that can be earned, RMS will come in advance of the halfway point of their sentence. The legal standard for denial of RMS by the parole board is a higher bar than that for denying parole and the odds of making RMS has traditionaly been close to double that of the odds for making parole.
3) Parole board can "set off" (period between reviews for parole) someone serving a sentence for which someone is ineligible for Release to Mandatory Supervision for anywhere from one to five years. Inmates that have never been convicted of an offense for which they were ineligible for RMS must be reviewed annually for parole.
4) An inmate released on parole that was not eligible for Release to Mandatory Supervision that violates the terms of their parole and has their prole revoked will lose all street time when they return to prison. Example: Inmate serving a sentence for an aggravated offense (or other offense that renders them ineligible for RMS) is released on parole after serving 12 years of a 20 year sentence and has that parole revoked one year prior to completion of the sentence will return to prison with 8 years left to serve. All other inmates can keep their street time if they have completed more than half of their parole period before a revocation and would only have to serve the amount of time remaining on their sentence. In my example that would be the remaining one year.
5) Conviction of an aggravated offense (along with some others that are not an aggravated offense and the subject of my "but" above in the opening sentence of this post) causes someone to be ineligible for Release to Mandatory Supervision which then forever causes the penalties associated with that ineligiblity (see 2, 3 and 4 above) to attach to any future conviction no matter the offense. We would all hope that your son will learn a lesson from this coming experience and never commit another offense but should he ever return to prison for any reason at all the penalties in 2, 3 and 4 above will apply to that sentence.

I think I captured the basic legal aspects of the impact of an aggravated versus non aggravated offense. If I've overlooked anything then hopelfully someone will point it out. In addition to the legal aspects there may be ramifications as to what sort of job or levels of privilege that the might attain while serving his sentence. Those serving sentences for aggravated offenses are usually, but not always, not allowed to have outside trustee status. Of course, being eligible for this status doesn't mean someone will get it (it often depends upon skill set to do a particular job) and most inmates are not outside trustee, but some inmates end up wanting to attain that if they can.

I hope this helps him make a decision.
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  #39  
Old 06-17-2013, 07:53 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by janalucysue View Post
I don't understand how TDCJ can treat a case as aggravated if the term was legally removed. Please explain. My son is working through his attorney to complete a deal with the DA. They offer more time for non-aggravated and less time for aggravated. We don't know what to "go for." Please help.
When classification decisions are made or when the Board votes a case, the original arrest report is viewable and is fair game. Thus while the time calcs may be more consistent with a non-aggravated/non 3g offense, if the original arrest has 3g elements, it will be a factor in the decisioning process (as it should be, since most plea agreements are pleas of convenience, not a changing of the actual facts).
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  #40  
Old 06-19-2013, 11:05 PM
Mrs.Barrett07 Mrs.Barrett07 is offline
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Default agg robbery

HEy all i am new to this and not sure how it works buy my husband got 60 years for an agg robbery case. I was wondering if anyone has made an appeal on a case like this and how did it go??
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  #41  
Old 06-20-2013, 05:49 AM
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Originally Posted by Mrs.Barrett07 View Post
HEy all i am new to this and not sure how it works buy my husband got 60 years for an agg robbery case. I was wondering if anyone has made an appeal on a case like this and how did it go??
Any appeal must be grounded on facts or circumstance specific to the individual case and you can't really draw a comparison between your husbands case and someone elses simply because the offense happens to be the same. An appeal is not a retrying of the case but a complaint, for lack of a better word at the moment, that some error or fundamental unfairness in law or procedure was made in the process leading to the conviction sufficient to over turn it and such complaints would apply no matter the particular offense.
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