Legal Question in Criminal Law in Texas

State Jail

My son is in state jail and its his first time to serve any time. He was told by someone if its your first time to go down, that there is a law or code or something that you only have to serve eighty five percent of your time. Can you advise me if this is right and what the code is and what would have to be done to file it. The way we understand it is something about early release. Any help would be greatly appreciated.

Asked on 9/12/04, 8:58 am

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong
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Re: State Jail

There is no early release from the State Jail. Unfortunately, the Legislature made the State Jail punishment day for day. The only jail credit your son will receive is for the time that he spent in custody while disposing of the case he is presently serving time. For example, if he spent thirty days in custody waiting to dispose of his case, he should have received thirty days credit towards his sentence from the Judge. And, if he received 180 days(six months)to serve, he should only have to spend five months in the State Jail after the thirty (30) day credit. Any time waiting for boot camp, or any time as a condition of probation, if that is the case, generally will not apply to his jail credit. You can find out how much time he was credited by contacting the District Clerk's Office in the county where he was sentenced, and requesting a copy of the "Judgment and Sentence" in your son's case.

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9/12/04, 6:50 pm

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