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  1. #1
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    Default In Harris County Jail waiting for hearing to revoke probation and go back to TDCJ

    Can anyone help me with what could possibly happen with a motion to revoke probation? Original sentence was 5 years TDCJ, commuted to 5 years probation and SAFP. He's done the SAFP and half way house (9months total) and has been on probation since April 2012. Probation Officer says he admitted to taking more of a prescripition drug than the doctor prescribed. It is not true, but that is immaterial at this point. That is why he was arrested.

    He has a court appointed attorney who will not respond to emails or phone calls, nor will she take the time to talk with him. Just tells him to go back to SAFP, the DA's offer.

    If he chooses prison, how much time will he end up spending there? The rest of his probation period (about 3 1/2 years) or the whole original sentence? (5 years)

    Any info is greatly appreciated.

    Connie

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    Sounds very similar to my guy's situation. He had been to SAFP and the halfway house then right back to crack. He blew off his probation appointments and was arrested in our garage. His original sentence was four years. They revoked his probation and gave him four years with 7 months credit. He was eligible for parole as soon as he went in. He was approved for parole within a few months and was given a F-6R and had to do another 6 month drug program like SAFP. Yesterday was his two year anniversary of his release date. It took him about two weeks before he was using again. He has been better then way worse but he has always passed his tests. Right now he's been pretty out of control for a couple months but still works. It's been very hard. Good luck to both of y'all in your situation. BTW he was in Harris County too.
    Never give up on something you can't go a day without thinking about.

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    my son had 10 years probation and it was revocated. he was sentenced to 6 year. they could have given him 10. he got credit for time in county in which he was a trustee so he was getting 3 to 1.his court appointed attorney said he would probably have to serve 1/4 before he could get out.
    DREAMS ARE LIKE STARS...you may never touch them, But if you FOLLOW THEM, they will lead you to your DESTINY...

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    I am almost certain that they can give him the whole original time. Probation means you stay out by following specific rules or do whatever time was sentenced. I think current time in county will be deducted.

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    Welcome to Jpay
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    Yes they can give your prison time the amount of probation time. Not really sure why David only got 6 when his probation was 10. He really caught a break on that.
    DREAMS ARE LIKE STARS...you may never touch them, But if you FOLLOW THEM, they will lead you to your DESTINY...

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    I think the law changed last year that people sentenced after a certain date could get credit for the time they were on probation. They didn't just go back to the original amount of time.
    Never give up on something you can't go a day without thinking about.

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    Thank you

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    Quote Originally Posted by DonsGirl View Post
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    Court appointed attorneys can be a pain.... you said his probation was revoked right? The most he could get would be the 5 years tdc. He will of course get his back times the 9 months and any other time he has done in jail.. That can be positive going into this situation.. Probation is set up for you to fail.. If he goes to tdc look at him doing a total of about 15 months. So with his back time he would do about 6 months.. Parole is so much easier then probation.. I know it is time away from you loved one but I have seen people come within months of completing probation only to have it revoked and end up in tdc anyways.. Its something to think about... You can also put together a parole plan for a favorable vote. I have several people that could help you with the parole plan for a reasonable price.

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    My son got his probation revoke because he violated it and was sentence to 2 years. He got some of his county time not all. I guess its up to the judge when sentencing a person.

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    Welcome to JPay!

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    Quote Originally Posted by tcalvin1 View Post
    Court appointed attorneys can be a pain.... you said his probation was revoked right? The most he could get would be the 5 years tdc. He will of course get his back times the 9 months and any other time he has done in jail.. That can be positive going into this situation.. Probation is set up for you to fail.. If he goes to tdc look at him doing a total of about 15 months. So with his back time he would do about 6 months.. Parole is so much easier then probation.. I know it is time away from you loved one but I have seen people come within months of completing probation only to have it revoked and end up in tdc anyways.. Its something to think about... You can also put together a parole plan for a favorable vote. I have several people that could help you with the parole plan for a reasonable price.
    This is exactly his thinking right now. Yes I agree. Probation sets you up for failure. He has done everything right, but still cannot do right!!! Sounds strange, but.....He has told me that parole is a lot easier than probation. He goes to court on the 31st for the hearing. He is just sitting in Harris county now, waiting for the hearing date. Thank you for your insight.

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    Well good luck with the court hearing on the 31st.. Let him know he can try to plea barging they normally dont do that on a probation revokes but it is worth a shot. tell him to tell his attorney he will sign for 2 or 3 years. Its definetly worth a shot. The good news is he is getting credit for all the time sitting in the county.. I dont recomend prison in any way but sometimes is just easier and its over with especially since he is only looking a a little time.. Let me know if i can help..

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    Quote Originally Posted by tcalvin1 View Post
    Well good luck with the court hearing on the 31st.. Let him know he can try to plea barging they normally dont do that on a probation revokes but it is worth a shot. tell him to tell his attorney he will sign for 2 or 3 years. Its definetly worth a shot. The good news is he is getting credit for all the time sitting in the county.. I dont recomend prison in any way but sometimes is just easier and its over with especially since he is only looking a a little time.. Let me know if i can help..
    Another question I have: is the charge important in the parole process? He has a DWI conviction. Does that make a difference on whether he can be paroled or not?

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    What is the credit for county time versus prison? 3 to 1? 5 to 1?

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    He can still make parole with a DWI. Parole does frown on DWI's a little but still has the same chances as anyone else.. Its real important to put together a good parole plan.. If you dont know how to do that there are people that can help you.. You dont need an attorney to do so. i know a few good places that will put together a parole plan for him and its pretty inexpensive.. as far as the county time 3 for 1 ect.. that is all up to the judge but most of the time its day for day.. when he gets to tdc they will give him what they call good time and work time.. so its like he earns extra days for being good. which will allow his short way discharge date equal is max sentecne.. Which once he makes parole he gives it all back to the state and he will be on parole and the flat time he has done.. I hope that makes sense.. Let me know if you need anymore info.. I am pretty familiar with the process

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    Quote Originally Posted by tcalvin1 View Post
    He can still make parole with a DWI. Parole does frown on DWI's a little but still has the same chances as anyone else.. Its real important to put together a good parole plan.. If you dont know how to do that there are people that can help you.. You dont need an attorney to do so. i know a few good places that will put together a parole plan for him and its pretty inexpensive.. as far as the county time 3 for 1 ect.. that is all up to the judge but most of the time its day for day.. when he gets to tdc they will give him what they call good time and work time.. so its like he earns extra days for being good. which will allow his short way discharge date equal is max sentecne.. Which once he makes parole he gives it all back to the state and he will be on parole and the flat time he has done.. I hope that makes sense.. Let me know if you need anymore info.. I am pretty familiar with the process
    You are right, I don't really understand this, but I just talked with him and he knew exactly what you are talking about. He's really leaning toward prison, signing for the 2 or 3 years if it is offered. A man in Harris County with him, had an 8 year probation, and he signed for 3 years. so sounds like he got a good deal. Thanks again for your help

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    my bf was sentenced to 10yr probation in Nov 20122 had his probation revoked in April 2012 - the DA was trying to make him sign for the whole 10yr but he refused so they dropped the probation down to 8 years - He did get back time BUT since he "caught" a new case they didnt give him his back time for the original charge they just gave him ONE month back time (month of april he got arrested) its BS since its running concurrent - His case is non agg drug charge (original case) and got probation violation based on the fact his name was INCLUDED in a police report - he had nothing to do with it! but they said "tampering with a witness" i swear HARRIS COUNTY be BS'n - but he comes up for parole in march - but i dont know if he will get released - i hope so!

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    Jazzyjaz harris county is full of BS. Its good they lowered it down to 8 yrs instead of 10.. Deferred probation is a pain in the neck they dont have to make plea deals becasue you already plead guilty. anyways good luck with the up and coming parole review. My advice is to put together a good parole plan for your bf. Presentation is everything As i have mentioned to sheamarie Presentation is so important in this case. He has very good chances at making his first parole. Let me know if i can help.. with this process

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    Thanks everyone for all the information. The judge sent him back to SAFP for 3 months and halfway house for 1 month. He sits now in Harris County waiting for a spot to open.

    Thanks again

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    Can anyone tell me about the relapse program for Safp, how long, where is it, is there halfway house after?

    Also, the last entry on the Harris county District Clerk site for my friend says: Delivery order issued CFI 230 LOC TDS

    What does that mean?

  23. #23
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    He's still in Harris County waiting for "a bed" in SAFP. Still don't know what that LOC TDS means.

  24. #24
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    I am going to throw my 2 cents in and take it for what its worth. I read where he is going to safep and then to the halfway house. DO IT AND DONT MESS UP AGAIN. Here is the reason. Two things about DWI and parole is first the way the parole board looks at DWI is it is one of the few charges even being first time in prison where in the boards eyes there is a sense of pattern behavior due to the fact it took multiple times getting caught before the offendor wound up there. Thats bad enough then you have the fact of a failed supervision on top of that. The board looks at those things more than anything else. You dont want to take prison time instead of the probation. Ya probation no matter what is setup to fail however odds are highly against making first parole on a DWI! My bet would be he would do half at least. Another thing it is very abnormal to get any street time. Also abnormal to get time credit for safep or any other program done as a condition of probation. There is a way to get like safep time credit even if was a condition but it takes an attorney and a generous judge! Dont mess with TDC on this I dont think it will have a good outcome.
    Hope this helps!

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    Quote Originally Posted by MissingMyWife View Post
    I am going to throw my 2 cents in and take it for what its worth. I read where he is going to safep and then to the halfway house. DO IT AND DONT MESS UP AGAIN. Here is the reason. Two things about DWI and parole is first the way the parole board looks at DWI is it is one of the few charges even being first time in prison where in the boards eyes there is a sense of pattern behavior due to the fact it took multiple times getting caught before the offendor wound up there. Thats bad enough then you have the fact of a failed supervision on top of that. The board looks at those things more than anything else. You dont want to take prison time instead of the probation. Ya probation no matter what is setup to fail however odds are highly against making first parole on a DWI! My bet would be he would do half at least. Another thing it is very abnormal to get any street time. Also abnormal to get time credit for safep or any other program done as a condition of probation. There is a way to get like safep time credit even if was a condition but it takes an attorney and a generous judge! Dont mess with TDC on this I dont think it will have a good outcome.
    Hope this helps!
    Thanks for the info. I will pass it along to him. He is still sitting in Harris County, waiting to go to SAFEP.

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    My man completed SAFP and the halfway house requirement. But then he started using drugs and blew that whole SAFP/probation thing. He was arrested and our lawyer got him credit for a month of waiting in Harris County for SAFP and credit for the six months of SAFP. So they can get credit even when they screw up again. That made him eligible for parole before he was sentenced. He made parole first time with a FI-6R which means he had to go to a program like SAFP again. So they can get credit for some time.
    Never give up on something you can't go a day without thinking about.

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    Probation in Texas is pretty much the same across the board. They can re-instate Probation and he can continue with additional requirements/longer time on Probation. They can excessive the TDCJ time and he will save the 5 years unless granted parole/mandatory supervision.

    They can impose other options. This is all dependent on the DA. With a Motion to Revoke Probation this is how it is:

    They will all go to court - The Probation Officer, DA and him. They will each present their sides of the case. The Judge will decide what to do - continue probation and/or prison time or other options. The probation officer will have a lot of influence on the decision. His behavior on probation; keeping up with the fees; following what is required.

    What it sounds like is the Probation Officers word against his. If he failed a drug test and he is prescribed medication then its really hard to say he took something other than what is prescribe to him. The drug test really just says yeh or net for him being positive and at times what type of drug - they have to prove that he took another drug outside of the prescription medication and my guess is they have no proof - which is why they suggest SAFP to begin with. When going to court tell them to provide PROOF that he took a drug other than what is prescribed to him by providing the drug test results.

    I would say for the Court Appointed Attorney - have him give you a signed release to discuss you case with the Attorney. Many Attorneys will not discuss the case unless authorized. Further, I had that problem where they attorney did not return calls or emails very well - well guess what I showed up at her office and she was there and I talked to her face-to-face.

    Frankly, the chances is that they seem that they're simply going to continue probation with the SAFP suggestion. SAFP sucks but its less TDCJ time and easier to come home. I wish you two best of luck!

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    I so thank all of you for helping me with this horrible situation. I wish the best to all of you, also. And have a Merry Christmas if that is possible with all the loved ones locked away.

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    Hi all

    He is back in Henderson at SAFP. Since it is classified as relapse, he will be there for 4 months.

    He told me that some of the guards there told him "the residents at SAFP are being pimped out by the judges", since this is a private facility and without any "residents" MTC doesn't get paid. Have any of you heard that?
    Are the judges part owners? Are they getting kickbacks?

    He told me that 98% of the "residents" have been there before. They continue to be sent back for the benefit of the private owners.
    Some are there not even because of drugs or alcohol.

    Would appreciate your input on this.

    Thanks

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    My man went to SAFP at East Texas in Henderson. He messed up during his aftercare and he didn't go back there. He was given four years in TDCJ with time credit for time in SAFP. So everyone that screws up isn't given a few months back in SAFP. Your guy was lucky. Who cares what the guards say there they don't know what judges in other counties are doing. Consider your man lucky to just go back for four months. I hope he gets it this time. I'm happy for you that he won't be gone long.
    Never give up on something you can't go a day without thinking about.

 

 
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