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RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 40970
Experience:  licensed attorney in criminjal law for 30 years
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It's about eligibility of shock probation in Texas, Texas,

Customer Question

It's about eligibility of shock probation in Texas
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: motion for shock has been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: my question is, is someone eligible even if they haven't spent one day in prison but have been delayed and sitting in county jail.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  RayAnswers replied 8 months ago.

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.

Customer: replied 8 months ago.
Expert:  RayAnswers replied 8 months ago.

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.

Expert:  RayAnswers replied 8 months ago.

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.

Customer: replied 8 months ago.
Are you sure about that? I had read that there was a new amendment that stated that they can serve either jail or prison time.
Expert:  RayAnswers replied 8 months ago.

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:

  1. must otherwise be eligible for community supervision; and
  2. must never have been incarcerated in a penitentiary serving a sentence for a felony.
Expert:  RayAnswers replied 8 months ago.

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.

Customer: replied 8 months ago.
Ok, he has accumulated 200 days in county for this offense so that would make him eligible. The DA is trying to say he hasn't spent any prison time yet so he shouldn't be granted it.
Customer: replied 8 months ago.
He was sentenced back on June 2 and given credit for 62 days prior
Expert:  RayAnswers replied 8 months ago.

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.

Customer: replied 8 months ago.
But he also has 5 months in jail to add to that 62 days credit
Expert:  RayAnswers replied 8 months ago.

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.

Expert:  RayAnswers replied 8 months ago.

I do wish him the best and you too here.I hope he can get probation.