View Full Version : Shock probation: How long for an answer from the Judge?


mom981
03-09-2011, 07:43 PM
How much time can the judge take in giving his decision on shock? probation in Ky. our attorney says 10 days. I have been doing research and asking everyone I can find. i see that it says 10 days for blah blah blah and 30 days for more blah blah blah and 60 days for blah blah blah. The most common answer is that it is up to the judges discretion. thier is a statute but can someone explain it to me? I think I understand it but I want to be sure.

patchouli
03-09-2011, 08:09 PM
The court shall consider any motion filed in accordance with subsection (1) of this section within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion

http://www.lrc.state.ky.us/KRS/439-00/265.PDF


This means the court must hear the case within 60 days of filing and the Judge then (supposedly) has 10 days to render his decision. However, I have heard of many cases where the decision was not handed down within those 10 days. I've also seen the Judge make his decision right then and there in the courtroom.

mom981
03-09-2011, 08:31 PM
My sons attorney filed for shock on Jan 3rd. The motion was filed on the 4th. It is now March 9 almost the 10th and we still have no answer. What should we do? Who should we contact? The judge made the comments to my son Why are you still in here? dont you come up for parole next month? NO parole isnt until June. Judge says this county does not believe in second chances. Funny he has two dui charges from when he was prosecutor. I am feeling very bitter tonight sorry. I dont know what to do. I am afraid if we push this judge for an answer what he might do.This county is so screwed up. The FBI just indicted the former Commonweath Atty that was involved in our case for alleged misconduct. They say they are going to review her cases for the past two years idk if that is true or not.

mom981
03-09-2011, 08:33 PM
Sorry they filed feb 3 and court filed it on the 4th

patchouli
03-09-2011, 08:38 PM
A friend of mine that lives out there (Meade) was telling me earlier about that case. Just keep in mind that you can't always believe what you see/hear in the media. There's always more to the story. ;)


What date was the actual hearing? The Judge has 10 days from the date of the hearing to make his decision. Leave it up to his attorney to follow-up on it because, you're right, you don't want to piss off he Judge. :eek:


Our Injustice System has left a bitter taste in my mouth for a few years now :mad: :cool:

mom981
03-09-2011, 09:00 PM
Feb 3rd was hearing and the courts filed it on the 4th. Atty says nobody has ever questioned this judgeon anything he does. But I have the discovery from the case my son is involved in. It includes about 6 + guys. One of the boys involved admitted to several burglaries and had a gun. Ex Comm. Atty. gave him 5 yrs probation. My son has been in jail for a year and took 5 yrs for receiving stolen property. Another boy had stolen property, a gun and drugs.Failed court ordered drug test and he admitted to burglary and caught redhanded with drugs and stolen property. there were no charges filed on him at all. 2 boys await trial. another has never seen a day in jail. its crazy how they are picking and choosing so different between these guys.

mom981
03-09-2011, 09:05 PM
The Atty said judge wanted thirty days to consider the shock. We think he is trying to let my son parole out so he can say he didnt give an inch. But this no answer is killing us. Can he file for shock again since he hasnt recieved an answer? or wait sixty days plus 10 to find out answer

patchouli
03-15-2011, 09:47 AM
No, can't have a bite at the apple twice. Even if given an answer and that answer was "no," he couldn't file for shoci again. Was the motion filed with the court on Feb 4th, or did he have an actual hearig in front of the Judge? Whichever, I would be afraid to push it with the Judge....that could very well cause an automatic denial. Leave it up to the attorney, he should be familair with both the Judge and how things are worked in that county.

xrayofthelight
03-16-2011, 01:28 AM
Our Laywer told us that we cant file for it more than once but we can appeal the first decision and hope and pray that the judge changes his mind. :)