Criminal Law Questions? Ask a Criminal Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
Shock probation is a program under Texas law where a defendant convicted of a crime is sentenced to prison, but within 6 months a judge reduces the sentence to probation.
The purpose is to “shock” the defendant into never committing a crime again, by serving prison time, but releasing them on probation before they become hardened by the prison sentence. It saves the Texas Department of Criminal Justice the expense or long term incarceration, and reduces the likelihood of future criminal behavior.
A defendant is eligible for shock probation for a misdemeanor or first offense felony charge. Shock probation may be recommended by a jury during sentencing, or issued by a judge after the fact.
So here the person has to have time in prison here in Texas before the judge can grant shock probation.
The person here may get credit for county jail time against the 6 months prison time.So they might qualify if they have been in county for 6 months or say get three months credit against the six months if they have been in county for three months.
I am telling you that they would get credit against the 6 month requirement for the time they spent in county here.
Shock probation in Texas is when a judge or jury sentences someone to prison or jail but retains jurisdiction over the case and orders the person released from custody after a period of time and then grants them probation. Thus, giving the convicted person a "shock" before placing them on probation. The concept is that once the convicted person spends some time behind bars they will have learned their lesson.To be eligible for shock probation the defendant:
So they have to either have 6 months in county or they get credit for what time they did against the 6 month requirement.So it could be little or no time in prison and then shock here. I am not telling you they have to do county and then 6 months they get county credit for the time they are in county jail prior to a plea.
Their lawyer files a motion here
Motion for Imposition of Sentence of Shock Probation
So he may have to do some prison time here if he was only given 62 days credit but he would up pretty quick.Not sure why he only got 62 days here, ask his lawyer here.Lawyer has to file motion here to get it from judge.
So to me he is eligible here as you state.His lawyer ought to file the motion and seek it for him.It is worth a try here.I know you want him released if you can.
I do wish him the best and you too here.I hope he can get probation.