Time Credit Issues
- Credit missing for time served in custody,
- Proper credit for street time,
- Cumulative time credit matters involving “stacked” or “consecutive” sentences,
- Computation of parole eligibility dates, mandatory supervision dates, and/or minimum and maximum expiration dates.
- Ex parte Thiles, 333 S.W. 3d 148, Ct. Crim. App. (2011)
- Bill Habern assisted by Dallas Local Council Craig Jett;and Amarillo Co-Council, John Bennett:
- Court of Criminal Appeals ordered TDCJ to award 23 years time credit to Claus Thiles.
All totaled, Bill Habern and David O’Neil have been representing families and inmates in matters related to parole and prison law for over 60 years. Most time credit cases are worked on by an attorney and a time specialist who has testified in court as a recognized expert on prison time issues.
We would like for you to understand up front that we cannot make any guarantees regarding a time correction and release for anyone. Time cases must first be fully investigated to determine time credit entitlements. However, we will put forth our best effort to ensure a complete and accurate investigation into this matter. This often involves reviewing trial transcripts, court records, TDCJ time records, and other relevant information, as well as evaluating the chances for success.
Getting It Right | Time Credit
We will pursue an administrative correction for any discrepancy we note in our investigation. If retained under a separate agreement, we will also pursue court action where necessary and appropriate. Situations involving cumulative (stacked or consecutive) convictions involve complicated time computations and numerous legal provisions which add to the overall complexity of the situation. It is necessary to review the situation in its entirety before an assessment can be made with any degree of accuracy.
So you will know, our office is not aware of one single published case where the 5th Circuit has awarded damages simply on the basis of being wrongfully held in prison past a sentence termination date. In order to get damages it would be necessary to prove that the prison and/or parole authorities were deliberately indifferent in their failure to timely release such an offender. We do know of cases where persons that were not guilty were wrongfully convicted and under a special Texas statute, were afforded up to a statutory $80,000.00 per year for each year they were wrongfully in prison. However, those cases are extremely rare, and in such cases there must be a judicial finding that the wrongfully convicted person was innocent.