Houston, TX asked in Criminal Law and Domestic Violence for Texas

Q: My boyfriend went to court March 2 and was offered to sign for 100 days, but he didn't want to sign until his next date

He wants to wait until he goes back to court on May 11, 2020 to sign for the 100 days...He had a 3rd degree felony which got dropped to an misdemeanor...which is good I'm guessing...but aside of all of that, he's also on parole and has a parole hold and 8 months left on it...I just want to know what's the worse that can happen...or will he still be able to come home...Im so confused

2 Lawyer Answers
Deandra M Grant
Deandra M Grant
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: That's a question for his attorney.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The maximum penalty on an F3 is 10 years in prison and the max on a misdemeanor is 1 year in jail. So yes, the defendant benefits when the charge is reduced from a felony of the third degree to a misdemeanor.

As for parole, the worst that could happen is that it is revoked because committing a new crime is ALWAYS a violation of the terms of parole. That means he could be sent back to prison to serve the remainder of his term for the original offense. I guess it could be even worse if his new misdemeanor time does not run concurrently with the prison time...

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