• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

parole extended

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Waypoe13

Junior Member
What is the name of your state (only U.S. law)? Texas I was sentenced in 1983 to 25 years (non-Aggravated offense, not a drug charge or sex offense), and I want to know if the parole board can extend your long way discharge date, another words; can they take flat time served and add it to your discharge date there-by extending your sentence?
I've realized after some research that there are many amendments to the different parole laws here in Texas, and the parole board itself has almost unlimited authority, but I have found no references or case law challegeing the parole board in this specific area; can anyone give me some insight or directions to follow this up.
thank You
 
Last edited:


If your sentence was 25 years, then that is the time you owe the State. Your parole cannot be extended under current Texas law. I'm assuming you are coming up on release from Parole.
 

Waypoe13

Junior Member
My original discharge date on my parole certificate is 5-29-2009 and when this date was brought to the attention of my P.O. she informed me that the parole board had taken time from me for a previous violation and that that time was added to my discharge date. Now I am talking about flat, day for day time; it was my understanding that once a sentence becomes final; no one can stop it, alter it, or amend it and that includes the parole board.
 
Last edited:
You forgot to mention some of the "fine details" in your original question.

You had a violation, and you had some days knocked off for good behavior. The good behavior days always belong to TDCJ. They can be taken back and/or used as bargaining chips at the whim of the TDCJ.

What would have been the expiration date of your full 25 years, without any good time being given you? Whatever that date is, that is the date you can expect to actually be completed with everything, unless you accrue more good behavior days, and they are not rescinded due to violations, etc.
 

Waypoe13

Junior Member
No, I didn't skip any details, they arn't taking away good time credits which would extend the parole period, they are taking away flat time served, day for day; etc. And no, there was no new charges and/or convictions, only an administrative violaton.
 

CavemanLawyer

Senior Member
The answer to your question is no, the parole board cannot extend your parole beyond the total length of the sentence. Now to explain what they've done to give you this appearance you need to answer the questions that everyone has already asked you several times. I have represented people in parole hearings and I have no idea what you are talking about when you say they are taking away flat time. That is not how parole works. As stated above, you get sentenced to a term of confinement and that is the max time you owe on that conviction. You can serve that time in prison or on parole. You can be released early from parole but it can never be extended beyond this max term. What the parole board CAN do however is control when you START serving that parole...as I'll explain below.

Parole law is complicated and you have not told us the whole story. You need to tell us all offenses you were convicted of in 1983 and the exact date of your sentence. Was it May 29th 1983?

The way you talk about them adding time for a previous violation makes it sound like you were still serving out a parole for another offense at the time you were convicted in 1983. You need to tell us what these conviction(s) were and when your parole on them was to expire.

My guess is that you have multiple sentences that are getting stacked for one reason or another. If you were convicted of two offenses in 1983 they could have been stacked against each other, or if you were just convicted of the one offense, it could have been stacked on top of whatever offense you were still on parole for. There are all kinds of weird nuances in the Tx. parole system that can create weird stacking sentences, like if your prior charge was a possession charge in a drug free zone, that automatically stacks half of the sentence on top of anything you pick up later. The bottom line is that it sounds like the parole board did not extend your parole term, they simply suspended the date that you started serving that parole, because you still owed time on your prior parole. I can tell you how to verify that the parole is calculating your days correctly, but first you've got to give us more details.
 
Last edited:

Kane

Member
They can't take away any of the time you've done in prison. They can take away the time you've done on parole, if they find that you've violated their conditions while you were on parole.

Say for example you get a 10 year sentence. After 2 years you're paroled. After one year on parole, you get a blue warrant and get sent back to prison. They can take that one year you spent on parole away from you. If your parole discharge date had been (for example) 2010 the first time you're paroled, it'll be 2011 the second time. The one year you spent on parole before it was revoked was taken away.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top