Parole Revocation

[ppoole]

My husband is on parole and caught a new charge. He made a very bad
choice and decided to evade arrest. He was shot 4 times by a DPS
officer during the chase. A city police officer and the DPS officer
tried to say that he was trying to run over them in the process of
getting away. When the Texas Rangers concluded their investigation, He
told me that all they could charge him with was the evading because
they couldn't prove anything else. However they also charged him with
agg assault with d/w threat which is a 2nd degree felony. We hired an
attorney and found out that his charge had been changed to a first
degree felony agg assault with d/w. My question is: How can they
change his charges without him being indicted for the new charge? Also
does anyone know what they are giving for good time these days? My
husband agreed to a deal of 15 years for retaliation instead of the
agg assault because the judge that was assigned his case informed his
attorney that if he was brought into his courtroom the least he would
give him was 40 years because we were going to fight the case in
court. I am wondering how long he will have to do before he can come
home? Any and all help will be greatly appreciated. Thank you

[Susan Fenner]

I don't know the ins and outs of what is legal in charging someone.  Your attorney would have to answer that one.

I am amazed that they agreed to a plea for retaliation over 1st degree agg assault with d/w.  Am I understanding that all they are charging him with is retaliation?  I don't know whether retaliation can be aggravated, but inmates with aggravated offenses are not eligible for good time. Actually, they get it, but it does them no good.  Aggravated sentences require that the inmate serve one-half of the sentence before he/she becomes eligible for parole.

If you will join TIFA, I'll be glad to help you with future questions.  We are an all volunteer organization that exists entirely on memberships and donations.  Please call me at 512-371-0900.  www.tifa.org

For the Families ~

Susan

Susan Fenner
Chair
TIFA Board of Directors
TIFA member 13 years

[Paula Poole]

Yes they dropped the aggravated assualt offered retaliation which is a 3rd degree enhanced it to 2nd and offered 15 years.