View Full Version : How to file for shock probation?


IloveChris
08-13-2011, 12:41 AM
Ok, I've been searching the web and have found out that even after being sentenced, an inmate can file for shock probation. It is harder to do but definitely do-able. The only thing that I can't find clear answers on are how do we go about filing for it?? Does it have to be with an attorney and also how long after sentencing do you have to file it?? I read 180 days but don't know if that's true. HELP!!!!

MsPrettiJackson
08-13-2011, 12:35 PM
what is shock probation???

shotjas
08-13-2011, 06:51 PM
From my understanding of shock probation, there are specific eligibility requirements (of which I don't know what they are) and additionally, a judge has to give it to the inmate and you will need a lawyer.

The following taken from Lawyers.com

Shock probation provides defendants with an opportunity to receive probation after spending a short period of time in a jail or prison. The theory underlying shock probation is that immersing a defendant in the penal system for a short period of time can \'shock\' him or her into a non-criminal lifestyle. Like other forms of probation, shock probation is considered a privilege rather than a right or entitlement. This means it is up to the discretion of the sentencing judge. In Texas, where you are from, judges may grant shock probation to felony and misdemeanor offenders within six months of the time they begin serving their jail sentences. For felony offenders to be eligible, this must be the first felony for which they have been incarcerated. As Texas allows jury sentencing, juries also may recommend shock probation. Once released, offenders are put on community supervision. It might work like this: A first time offender can be sentenced to a prison term -- say 10 years, and sent to Huntsville, like any other convicted felon. But after 90 days to 6 months, the judge can suspend the remaining portion of the sentence and grant probation. The \"shock\" is meant to be 90 days to six months of daily life in the Texas Department of Criminal Justice, after which an inmate theoretically will never break the law again. Shock probation benefits the state as well as the inmate. It is a cost-saving alternative to lengthy incarceration and is believed to reduce recidivism. Keeping an inmate in the system any longer than 90 or 180 days not only costs more money but increases the risk of creating a hardened criminal. Since the rules governing shock probation in Texas have been amended several times, and several serious offenses are excluded from the shock probation option, your best bet is to contact a criminal defense attorney in your area to see if you are eligible for the program.

jr214wifey
08-15-2011, 11:21 AM
Ok, I've been searching the web and have found out that even after being sentenced, an inmate can file for shock probation. It is harder to do but definitely do-able. The only thing that I can't find clear answers on are how do we go about filing for it?? Does it have to be with an attorney and also how long after sentencing do you have to file it?? I read 180 days but don't know if that's true. HELP!!!!

Hi I think we spoke before on this...But it has to be after 30 days from but before 180 after sentencing. My hubby sent me papers that he hand wrote filing for shock probation & he asked me to send out for him. IDK if there is a form u can get without a lawyer since we dnt have a lawyer either. I dnt even kno where my hubby got the info that he wrote up but Im assuming from some one else that was filing...

RobinsMan
08-15-2011, 01:29 PM
It does not have to be requested by an attorney - a person can write to a judge requesting shock but must be wary that he does not request it too early - but if they want to lessent the chance that the judge will ignore or dismiss the request out of hand then I think it best to have an attorney approach the court with the request. As shotjas wrote, there are eliglbity requirements and the minimum time is different under different cirumstances (depending upon the offense) and an attorney can advise you of that, as well. However, what I wanted to warn about is that the 180 day time limit is the time in which the deal must get done, not the time in which one must apply. If a judge has not commuted the sentence before the 180 days is up then it is too late for him to do so. That means the application must be received, a court date set - probably that the inmate be transferred back to county jail, too - and the decision made and entered. So, don't wait around thinking you have six months to git-er-dun.

IloveChris
08-15-2011, 04:51 PM
Yes...214wifey...can you give me a brief idea of what to write??? Did you already send off for it??? Pm me please

blacktearsbabe
08-15-2011, 08:05 PM
can you get shock probabtion on a 3g offense? and what if has other felonies but this is his first felony in texas? could he still go out for it?

RobinsMan
08-16-2011, 07:19 AM
A jury can recommend probation for a 3g offense but a judge cannot do it on his own. I'm not sure if convictions in other states would count. Usually, when a conviction in another state is applicable as a prior offense, it is called out specifically in the statutes but such words are not there in the section relating to shock probation. However, that doesn't mean that it is not interpreted to mean any felony anywhere. I think it would take knowledge or investigation of associated case law.

tyreesgirl
08-16-2011, 09:10 AM
So can we file this shock probation thing if he took a plea deal?

RobinsMan
08-16-2011, 11:56 AM
Yes, but, unless the prosecutor agrees, the odds of approval by the judge might be less.

IloveChris
08-16-2011, 12:13 PM
I'm a little confused...I thought it was the judges decision to grant it or not, but you say the judge can't do it on his own. What does that mean???? Where can I find the forms to get this started??? Can he get them in there also??? He caught chain June 23rd...that's almost 2 months time we've lost...I would like to get the ball rolling. Any info & help I greatly appreciate!!!!!!!!

JPrasil
08-16-2011, 12:48 PM
I'm a little confused...I thought it was the judges decision to grant it or not, but you say the judge can't do it on his own. What does that mean???? Where can I find the forms to get this started??? Can he get them in there also??? He caught chain June 23rd...that's almost 2 months time we've lost...I would like to get the ball rolling. Any info & help I greatly appreciate!!!!!!!!

The paperwork that he requested you to file will be what you file with the Court. There are no forms for filing shock probation it's pretty much a Pleading. He is representing himself Pro-Se (representing himself) if there is not attorney representing him.

All he has to do is have you file the paperwork on his behalf and the Court will move forward from there. Most likely they will send the communication about the filings directly to him at TDCJ.

This is not something that Judge receives and makes a decision on like other states. In Texas most things that go before the Court actually has a setting and both parties--Defendant and the State--will be present to make their arguments and the judge will decide to grant or deny.

Anything he sends to the Court will be seen by the DA. This really depends on the judge and if the DA contest it or if they agree to it. Most of the time the DA will contest it, rarely in a court does the DA agree to anything. (I had many attorneys tell me this). It is possible to get Shock Probation but because of the nature of his offense it might be a little bit more challenging. I do wish you two luck.

Everything he does for filing and information falls under Texas Code of Criminal Procedure Chapter 42--Judgement.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12

Texas Code of Criminal Procedure Chapter 27--Pleadings

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.27.htm#27.10

Good luck. It's just filing paperwork with the Court and moving from there. When arguing for Shock Probation have to have a really good defense in regards to why you should have such a option and so on.

Good luck!

IloveChris
08-16-2011, 12:53 PM
Wow...thank you soooooooooo much for that helpful information. One more question...how do I physically file it w/the court? I'm in Bexar County....sorry I'm lost.

JPrasil
08-16-2011, 02:39 PM
Wow...thank you soooooooooo much for that helpful information. One more question...how do I physically file it w/the court? I'm in Bexar County....sorry I'm lost.

I use to live in Bexar County, my home County.

The best way to file documents as Pro-Se is to go in person and file it with the District County Clerk or mail-it in. You always want to keep a copy for you two. The address is provided below.

Paul Elizondo Tower
101 W Nueva, Suite 217
San Antonio, TX 78205-3411
(210) 335-2113

If you mail in court paperwork be sure to include mail with the paperwork self-address stamped envelope so that whatever paperwork they stamp you receive in return. Further, whatever you send it is safe to send it Certified Mail Return Receipt because its Court paperwork and you want to be sure they received it.

When you submit paperwork, mail in or in person, to the Court be sure to have two (or three as some courts have it) copies of whatever you are submitting. The District Attorney receives one copy, you will receive another copy, and original will be placed in the Court's file. Some Courts only do two copies because District Attorney will simply refer to the Court's file and so that leaves you with the copy.

If Bexar County shows their court information online then once they receive the information it should update online. Further, if they set it for a hearing then the information should be posted online as well.

Hope this helps! Best of Luck with this!

SaderGirl
08-16-2011, 03:20 PM
D filed Pro-Se and mailed it himself. The judge declined to hold a hearing. It was Williamson County, so this was not unexpected.

IloveChris
08-16-2011, 08:00 PM
So what happened??? They didn't even review it?..it just got denied??

SaderGirl
08-17-2011, 09:52 AM
So what happened??? They didn't even review it?..it just got denied??

Exactly. The judges in WilCo are not interested in letting anyone out early.

IloveChris
08-17-2011, 11:44 AM
Sorry to hear that. Im gonna give it a try for my husband...it doesn't hurt to give it a shot. I hope that things get better for you.

colbycoalexis
08-17-2011, 04:44 PM
Sorry to hear that. Im gonna give it a try for my husband...it doesn't hurt to give it a shot. I hope that things get better for you.

Wait a minute....from reading some of your other posts, didn't your husband go to TDCJ after his probation was revoked? So...how does that work. How does one get their probation revoked, only to turned around and apply for shock probation? Is that even legal? I'm sorry but I just don't see how you could convince ANY judge to grant shock probation when your husband obviously wasn't successful on probation and therefore, had his probation revoked. That doesn't make sense.

tyreesgirl
08-19-2011, 12:25 PM
The attorney I talked to said that he wouldn't waste the time.on shock probation since my man took a plea deal and it was a sex charge even though he has never been in trouble before

IloveChris
08-26-2011, 12:48 AM
Question...who do I direct hubbys letter (pleading) to??? Should ihe address it: to whom it may concern...or directly the judge? and how would I file it at the county clerks office???

JPrasil
08-26-2011, 03:25 AM
Question...who do I direct hubbys letter (pleading) to??? Should ihe address it: to whom it may concern...or directly the judge? and how would I file it at the county clerks office???

A pleading is a formal written statement and/or document legal document sent and filed with the Court and/or Judge. Only the Attorney or Defendant (if Pro-se) can represent themselves on their Defense. Since he is the defendant he will have to do a letter perhaps or research it at the Unit's law library about what paperwork and so forth needs to be sent to the Courts.

You might want to check with the County Clerk to see if you are able to drop it off in person or mail it in for him on his behalf or if he has to directly submit the information by mail.

Also, You might want to try consulting with an Attorney and getting some information. Perhaps contacting his attorney that worked on the case for him about it to get some information on shock probation.

Legally, there's no letter you can write that will be a sufficient to request shock probation since he has to represent himself for his Defense. You are more than willing to submit and send letters on his behalf and see what happens.

Good luck!

Faith_2013
08-26-2011, 05:14 AM
Does Michigan have shock probation?

JPrasil
08-26-2011, 10:21 AM
Does Michigan have shock probation?

This varies from state to state and your best bet is to ask in the Michigan forum where someone in Michigan may be able to help you and be more knowledgeable. As this is a Texas forum and it is important that you receive correct information based on the state you're in from the correct state forum.