Q: Uncle in jail and has charge pending against him in Tx.He was on probation for sexual assault would he get 2-10 or 2-20
He is in federal prison right now and doesn’t have a lawyer and doesn’t know whether he will continue I’d probation he was on before he went to prison or if they will throw him in jail again for more time. He doesn’t know whether it will be 2-10 years or 2-20 because it was a sexual assault charge
A: He will finish his federal sentence. Then he will be sent via detainer to Texas, where he will sit in jail pending trial. His probation will be revoked, and depending on what type of probation he was on, if deferred then he can serve up to the maximum for the crime he committed. Sexual Assault is up to 20 years, aggravated sexual assault up to 99 years or life. If it was straight probation he will be revoked and sentenced to the number of years he was committed to probation. He will be hard pressed to parole that sentence, and he will most likely have to mandatory discharge the probation revocation sentence. He hits on none of the factors that make early parole, or parole at all, being granted. He gets all the time toward completion of that sentence he has served pending federal prison and in federal prison. Uncle Federal Prison has been active, and on the wrong crimes. You are to be commended for not giving up on him, unless of course, you are hoping he remains locked up a long time. In that case, hope this has been good news for you, as well. If you want him to have a chance at parole hire a lawyer to do him a parole plan as soon as he is sentenced to TDCJ-ID. He's got no shot at parole without one. Good luck to you, either way.
A: You would have to see if enhancement paragraphs were added in the indictment to determine the punishment range for the offense.
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