It’s difficult to fully understand the Street Time credit rules for probation officers in Texas. The rules require some math, a reasonable understanding of the client’s criminal history, and, most annoyingly, an accurate assessment of how the client’s criminal history is currently classified under the Texas Criminal Procedure Code.
Let’s unpack the rules. As always, this is not free legal advice, just an overview. Contact your attorney for professional advice on how the rules apply to your situation.
What is early parole release?
If you are on direct parole, in most cases you can apply to the court for early release after serving 1/3 of your sentence or two years, whichever is less. See Code of Criminal Procedure 42A.701. This 1/3 time review is at the discretion of the judge. Most judges require you to serve half of your term before seriously considering your petition. A mid-term examination is required when applying. This does not mean that the judge has to approve the dismissal request. If the judge denies your application, the court must give you a list of conditions that you must meet in most cases.
What is early termination of probation?
Courts may, at their discretion, decide to grant an early termination of the probationary period. And they can forgive it for many offenses and crimes. Once you have gone through an early parole termination hearing, you are no longer under community supervision. However, judges are under no obligation to grant parole. Therefore, you cannot force a judge to agree to your request for early termination of probation. Even if you’ve met all the conditions, the judges don’t have to grant an early download if you don’t want to. But most will listen to what you have to say and try to shorten your probation period whenever possible.
You want to minimize your criminal record so you can reduce the number of future consequences (both visible and unintended) associated with those charges. Early termination or deferred award is one way to start this process. A suspended sentence is better than jail time, but a request for early parole termination looks even better. A reduction in fees is always preferable to a plea of guilty, so you should speak to a qualified attorney to learn more.
General Requirements
BPP-DIR 141.355 allows long-term inmates to submit information, provide documents, and make statements at a mandatory first-time voter interview. To qualify for an interview, inmates must have been sentenced to TDCJ and be in continuous detention for a minimum time. However, depending on the severity of the offence, there are two different time limits:
- Prisoners who are not imprisoned for an offense under HB 1914 must have been imprisoned for twenty years without interruption.
- Prisoners imprisoned for a crime under HB 1914 must have been imprisoned for thirty years without interruption.