Blacklick, OH asked in Criminal Law for Texas

Q: If paroled from prison commit another felony while on parole can the new sentence be deferred adjudication?

What happens to the original parole sentence?

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

A: One of the conditions of parole is to stop committing new crimes. A person in this situation can be returned to prison to complete the sentence on the old crime and ALSO be given a new sentence for the new crime. The person needs a parole attorney for dealing with any attempt to revoke parole and a criminal defense attorney for the new charge. Those are different skills and follow different rules so it is likely the person needs two different attorneys... your dentist probably isn't the best choice to fix the timing belt on your car.

Kenneth Mullen
Kenneth Mullen
Answered
  • Criminal Law Lawyer
  • Weatherford, TX
  • Licensed in Texas

A: Most certainly, if the State offers it in the form of a plea bargain or there is an open plea of guilty to the Judge. The Parole Board will decide what happens to the existing sentence. It is feasible that one could receive a Deferred on the new offense and still get revoked on the existing sentence and sent to prison by the Parole Board. The Deferred would still be there once the person on deferred was released from prison. At that point, the Deferred Adjudication probation terms and conditions would start.

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