Whats the sentence?

At sentencing if you plea bargain for a lesser sentence and sign the appropiate papers for that plea, can you be given more time than the plea? i.e. plea out and sign for 2 years and get 3... Our attorney that we hired to defend, had told us both before and after sentencing that it was 2 years, not 3. Is there any recourse whatsoever

How do you know you have three years and not two? Read your paperwork carefully---and find where it says where the additional time comes from. Ask your attorney why it says three and not two. What does he say about it? What was the crime, was time added for an secondary crime committed such as contempt of court or a penalty for behavior after already in jail? Provide more details.

Was there just a misunderstanding between what your attorney said and what the papers say? In other words do your papers say three, but you understood it to be two? If so, it will be three since it is your responsibility to read, know and understanding what you are saying.

Thank you for responding, in answer to your questions
I would love to read the paperwork if the attorney would either forward them on to me or at least answer a phone call from me or return a phone call,, it was clearly understood that the attorney said 2 years not 3 years and he said this before the sentencing and after the sentencing.. The original crime was robbery w/ bodily injury, the plea was to be simple robbery( per the attorney)
The papers that my son signed said 2 years and now that he has been placed from county to state the term is showing 3 years

Offense Date Offense Sentence Date County Sentence(Y-MM-DD)
2007-08-20 ROB-BOD INJ 2008-05-13 HARRIS 3-00-00

As for anything being added to him for contempt or behavior in jail that would be no, although the attorney probably should have had a contempt on previous occassions in court,, My son was in PC at County Jail in the L.E.T. and had no problems there whatsoever.

I hope that this has answered all your questions and again thank you so much

First of all, how can you NOT have a copy of your paperwork? If you did not get a copy, go sit in PERSON in the attorneys office until he PRODUCES it. Perhaps it is a typo---do you have paperwork showing three years ( in error?) If you have it, from whom did you get it? If you have it in writing, get the papers from the attorney and show him the papers that say THREE years and ask WHY. Do you have reason to believe it ISN'T a typo?

I have asked my son several times and he is certain that he signed for 2 years, he said that it was numerical and alpha 2 ( two ) this he is sure of. He may be guilty of breaking the law but he has attention to detail. The attorney has conveniently moved his office from Houston to San Antonio making it a little more difficult to just go to his office. If I could get him to at least answer my calls, we could have the paperwork faxed or scanned and emailed,, however I feel that I or my son should be entitled to the originals.

I would send a registered letter, with delivery confirmation and type out neatly in a business letter your concern. Tell the attorney if you do not hear back from him in thirty days IN WRITING regarding your concern, you will file a complaint with the bar association in his state. Perhaps that will get you a response.

Also, the prison where he is being held has paperwork---and unfortunately your son being "good with details" has no legal import whatsoever. Also, the court where the case was heard has copies.

Where are your copies of the paperwork?
Also, you still havent said who or what says the sentence is now three. Says who? Does it have your sons signature on it?

I will be a the clerk of the district court where he was tried in the morning and get the papers. I will be back to you tomorrow with the results of what the papers actually say. As for who is saying he has 3 years its is TDCJ.

I feel like I am not communicating well.

Here is the bottom line: Papers you say state two years. Get those.
Papers that state THREE years. Get those.

Take them to the court where his trial was held and show them to the judge, or clerk, or someone who has the authority to inform the court of the discrepancy. (Preferably your previous attorney, but, yanno).....

Here is a big question: The papers that say THREE YEARS---do they have your SONS SIGNATURE ON THEM?