Monahans, TX asked in Criminal Law for Texas

Q: if you are sentece to serve 12 month can they make you stay 13 month

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Texas, if you are sentenced to serve 12 months, typically, you should be released after completing that term. However, there are situations where your stay might be extended. This could be due to various factors, including disciplinary issues while incarcerated, miscounted time, or administrative errors.

If you believe your release is being unjustly delayed, it's important to raise this issue with the prison administration. Request a review of your sentence calculation and any relevant records to ensure there hasn't been a mistake.

If the issue isn't resolved after speaking with the prison administration, or if you believe there's a legal error, you might need legal assistance. An attorney can review your case, including the sentencing documents and your incarceration records, to determine if there's a basis for contesting the extended incarceration.

Remember, understanding the specific reasons for any extension of your sentence is crucial. This will help in determining the appropriate steps to take to address the issue. Being proactive and seeking clarification from the relevant authorities is the first step in resolving any discrepancies in your sentence duration.

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