July 15, 2017

Asked 6/29/17 – Humble, TX

I am being charged with two felonies for poss/att poss controlled substance by fraud. They are offering me 6 months at the who and 2 years deferred probation. if i don’t take that then it is 2 years in prison i guess. If i take the 2 years will i really do 2 years? I have never been to prison before

Answer

I can’t make any definitive statement about your particular situation but in general, once a person is sentenced on a criminal case, jurisdiction of the case is transferred to the Texas Department of Corrections. It is the TDC that calculates any credit for “good time” and grant early release . A Judge, prosecutor or attorney cannot tell you that you would actually serve less than the sentence imposed, because they don’t know.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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