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Mtr while in prison

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brds624

Junior Member
What is the name of your state (only U.S. law)? Tx

Hi my husband is in prison he has to different sentences he got 20 years and then got safp and 10 years probation we was wondering if maybe he can get a mtr for the probation and run his time concurrently so he will only be on parole when he gets out? Any info would be appreciated Thank you and God bless
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Tx

Hi my husband is in prison he has to different sentences he got 20 years and then got safp and 10 years probation we was wondering if maybe he can get a mtr for the probation and run his time concurrently so he will only be on parole when he gets out? Any info would be appreciated Thank you and God bless
mtr and safp are probably local acronyms and its unlikely that anyone here is going to know what they mean.
 

quincy

Senior Member
mtr and safp are probably local acronyms and its unlikely that anyone here is going to know what they mean.
Wrong.

SAFP stands for substance abuse felony punishment and MTR stands for motion to revoke.

CavemanLawyer is an attorney in Texas. He might stop by with something helpful.
 

CavemanLawyer

Senior Member
The short answer is he can contact his probation officer and see if they will just file a motion to revoke based on a technical violation that he can plead true to even though his probation requirements are stayed while he is incarcerated. Be careful what you wish for though. Make sure he is not looking at additional time on the revocation and that they are not going to attempt to "stack" his sentences which makes them run concurrently.

The longer answer requires more info. Please tell me whether each of his judgments say consecutive or concurrent sentences. Also are these cases from different counties?
 

brds624

Junior Member
They are from the same county they just said 20 years, safp and 10 years probation. When he makes parole then he will have to go to safp
Is this what you asking?
I'm scared it will just make things worse and he will be in there longer
Thank you for your time I really appreciate it
 

CavemanLawyer

Senior Member
If both sentences came out of the same county and court then it sure seems like it was the intent of the judge or jury that he serve time until paroled before beginning probation. This would make it unlikely that he could get his probation case revoked since it would be going to that same judge.

I still need to know whether the judgments state consecutive or concurrent. Unless the judge specifically made his probation judgment consecutive then he is actually serving probation time while incarcerated. If he ended up paroling out after 10 years for example then his probation term would have expired and he will never even go to SAFP.

It would also help to know what the charge is that he is serving 20 years for. That gives a much better idea of when he might receive parole. If you do not want to say, do you at least know whether it is an aggravated offense for parole purposes?
 

brds624

Junior Member
The 20 is for delivery of controlled substance and poss of cs is the other charge his probation started the day he signed about a year and a half ago I don't know how it works but when I look up on the offender info page of the tdcj website it has both charges and they both say 20 years but I know at court they said 20 years, safp and 10 years probation our county loves to add that safp and probation to everything. No it's not aggregated
 

CavemanLawyer

Senior Member
Sorry but I still cannot help you unless you tell me whether the judgments say concurrent or consecutive. The judgments will be on file with the district clerk's office in the county where he was sentenced.
 

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