Protecting the rights of all individuals is crucial. Incarceration leads to the end of freedom and shatters many lives, making it imperative that anyone facing jail time in Houston understands their rights.
For those headed to prison or already serving time in Texas, there is one small consolation called sentencing credits. These credits have the power to reduce a defendant’s sentence and help return them to their previous life more quickly.
An experienced Houston criminal defense attorney can help ease the burdens of incarceration. If you’re facing prison time and need help, contact The Law Office of Matthew D. Sharp today to schedule a free consultation.
What does sentence credit mean?
Sentence credit is basically time off your total sentence for the time you’ve already spent in jail before trial, sentencing, or transfer. It can also include credit for good behavior or participating in certain programs. In short, it helps make sure you’re not serving extra time beyond what’s required.
Types of sentencing credits in Texas
Below are some common ways you can earn sentencing credits and reduce your total prison time in Texas.
Time served before sentencing
One reason sentencing credits are issued is for time served while in custody before sentencing. These “jail credits” work to reduce the amount of time served in prison. However, they only apply to the same crime that the defendant was convicted of.
Sentencing credits are issued if a defendant has committed a federal crime. This federal rule does not apply to all states, but most states, including Texas, adhere to it.
A detainer
In Texas, a sentencing credit may apply when a person is in custody due to a detainer—a request from another jurisdiction, often federal authorities, to hold them for pending charges or sentencing even if they’ve already completed their state sentence.
If someone has a federal detainer, they may still be eligible for sentencing credit while serving time in state custody. This means that the time they spend in state jail can count toward their federal sentence, but only if they’re actually in custody. This credit does not apply if the defendant is out on bond, awaiting trial, or not actively serving time.
Good conduct
The federal courts also issue sentencing credits for good behavior in prison. Types of good conduct that might qualify include:
- Cooperating with authorities at the prison
- Refraining from any disruptive or abrasive behavior
- Earning a high school diploma or other certificate of equivalent status
Some states also provide sentencing credits if a defendant is in a program that is designed to help rehabilitate them, such as anger management counseling, therapy for substance abuse, or a secondary school curriculum.
These credits are earned by an allotment of time. For example, a defendant may receive five credits per thirty hours performed. These credits can also be lost due to misbehavior. This rule may also apply to credits given at sentencing.
Understanding Diversion Programs in Texas
Learn about pretrial diversion programs and how they might help you avoid prison.
What is time served credit in Texas?
Time served credit in Texas refers to the time a person has already spent in jail while awaiting trial or sentencing. This time is deducted from their total sentence.
For example, if someone was in jail for 6 months before being sentenced to 2 years, those 6 months would count as time served, reducing the remaining sentence to 1.5 years.
How much of a sentence do you have to serve in Texas?
How much of a sentence you have to serve in Texas depends on factors like the type of offense, your criminal history, and whether you’re eligible for parole. Here’s what the law says about parole eligibility for different types of crimes in Texas:
- For most state jail felonies, you typically must serve the full sentence because there’s no parole for these offenses. However, you may still qualify for good time credits or alternative sentencing.
- For other felonies, the percentage of time served before parole eligibility varies:
- Violent crimes (like murder or aggravated assault). You must serve at least 50% of your sentence (or 30 years for life sentences) before being considered for parole.
- Non-violent crimes. You can become eligible for parole after serving 25% of your sentence or 15 years, whichever is less.
Some offenses, like capital murder, come with no parole eligibility, meaning you serve your entire life sentence. Remember, just because you’re eligible for parole doesn’t guarantee you’ll be released early. The Texas Board of Pardons and Paroles reviews each case individually to determine if an inmate is granted parole.
Questions about sentencing credits or parole eligibility in Houston? We can help!
Every day spent in custody matters, and knowing how to reduce your sentence through time served, good conduct, or program participation can help you get back to your life sooner.
At The Law Office of Matthew D. Sharp, experienced Houston criminal defense lawyer Matt Sharp will fight to protect your rights, ensure fair sentencing, and explore every legal avenue to reduce your time behind bars.
Contact his office today for a free consultation and let him help you secure your future.
