hey guys...i have been reading everyone's messages and even looked at the forum but haven't really gotten my questions answered. my fiance' was sentenced 10yrs tdcj but before we left the judge told our lawyer to put in for shock because he wanted tony out before our baby comes. our lawyer continues to tell us that he HAS to serve a mandatory 6 months but if so, that puts him getting out after the baby is due. she has already filed one of apparently 2 pieces of paperwork to petition for shock...and she said she won't file the 2nd until the end of january. does anyone know about this? can't the judge let him out before the 6 months?

any info would be great...thanks to all!

mrshmllow

I was told that they have to serve a mandatory time of 180 days (6 months). Sorry, I don't really know any more info.

call the judge...that's the easiest way to clear things up

HEY MY HUSBAND TRIED FOR HOCK PROBATION AND HE AD TO WAT FOR 90 DAYS AND HEN THEY FILLED I THINK TEY HAVE TO DO IT BEFORE 180 DAYS.AYWAYS I WISH YU ALL THE LUCK AND F YOU HAVE ANY QUESTIONS IM HERE .GO BLESS YO AND YOUR FAMILY

Per Article 42.12, Section 6 of the Code of Criminal Procedure, the jurisdiction of the court remains for 180 days from the date the execution of the sentence actually begins. Before the expiration of 180 days from the date the execution of the sentence actually begins, the judge of the court that imposed such sentence may on his own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this article, if in the opinion of the judge the defendant would not bebefit from further imprisonment and:
1) the defendant is otherwise eligible for community supervision under this article; and
2) the defendant had never before been incarcerated in the penitentiary serving a sentence for a felony.

There are also some other components to the community supervision guidelines that speak to the timeframes.

Shock is usually a component of plea discussions up front. If it wasn't discussed ahead of time, it probably isn't going to happen. It never hurts to ask though...but if it has not happened by the 180th day, it CANNOT happen- on day 181, the judge DOES NOT have jurisdiction over the case anymore.

I cant stress the 180 days limitation enough. Its not based on a strict 6 months, but the true 180 days.

I had to be whisked back to court in the nick of time. In fact I had just gotten done taking the required shower at Harris County when they tossed me a jumpsuit and dragged me out for court. I didnt even have a pair of sandals on because they didnt have time to find a pair that would fit me.

Im not sure where the break down in communication was, because the judge seemed rather pissed that I was appearing so late in the day and had obviously had just gotten back to county.

Can ANYONE file for shock probation? I have called a lot of lawyers but they all say they can't help and i don't know why.

I am a little confused now. I filed for shock after my husband had been gone just under 3 months so I know I got it done in plenty of time. I called the court house every week to check the status but was always told there wasn't an answer back on it yet and to try to be patient because it takes quite a while. Finally about 3 months later I actually talked to the lady in charge and she told me not to worry so much and that the judge has the paper work and will get me an answer as soon as he gets all the info he needs. She said that I have to get the papers filed in under 180 days but after that the judge can take as long as he likes to get me an answer. I was reading a post that talked about getting to the court house just in time but if the judge has as long as he likes why would they have to rush so much. Does the judge really have as long as he likes or should I have gotten an answer by day 180?? We're still waiting on an answer about the papers but still nothing.

Fabrat, the law is pretty explicit- jurisdiction ends after the 180th day. Another section of the chapter privides that :

The judge may deny the motion without a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.

Thus, it remains possible that a motion could be denied and you might not hear about it unless you followed up with the court.

As to becbabe's comment, much of the hurdle you may be trying to overcome is the element of whether shock was discussed in the upfront negotiations- if it wasn't a factor, most judges aren't going to grant it and as a result, many ethical attorneys are not going to take your time or your money chasing something that they know is not a realistic probability.

Does anyone know where or how to get the form to file for shock probation? My husband and I are trying to figure out so that we can file it before the 180 days is up. So if anyone has a copy of the form I would greatly appreciate it.. or if you know where I need to go to get it. Please! Thanks so much. PM me. :)
Kaley