January 27, 2016

Asked 1/25/2016 – Amarillo, TX

My bf was given the option of 2 years tdcj or 6-9 months safepf. He chose safepf because clearly 6 mo the sound better then 9 months. His lawyer didn’t tell him he would or could be sitting in county for a few months (which he has been sitting for 3 mos already) and that it would not count towards his time as it would in TDCJ. The lawyer also stated that he may not have to go to a HWH if he has a home to go to, and now we are finding out that it’s mandatory to go to a HWH after safepf. And he also stated that he would be done after those 6-9 months, but now he could be back on probation afterwards. Lots of lies or “mid-lead” information was given and tdcj is clearly the better option here for him.

Answer

His attorney would have to go to court, inform the prosecutor, Judge and probation department of his desires, then see if they will agree to reform his sentence. A probation order was entered, and at this point he has not violated any of the conditions, so unless everyone agrees on what to do and how to do it, your boyfriend must life with the decision he made 3 months ago.

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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