Asked 8/6/2016 – Dallas, TX

My husband was given 180 days state jail. But he has 166 days back time. He is still waiting in county for state to pick him up. He only has 9 days left till he reaches 180 days. My question is once he reaches 180 days in Tarrant county do they have to release him or does he still have to wait for state to pick him up which would mean he’d be in jail longer than 180 days? From what I’ve heard it doesn’t sound like state jail will pick him up by his 180th day. So what happens?

Answer

Technically, jurisdiction of your husband’s case has passed to the Department of Corrections, so they SHOULD be the entity who orders the release after transfer. That being said, make sure your husband’s attorney is back in the court that sentenced him on the 181 day if he has not been transferred or released.