My husband has asked me to get in touch with his lawyer and request a motion for shock probation. His lawyer is out of the office until next week. can anyone help me to understand this?
He's been trying to pay something towards his back owed child support, every month, it's not been what the courts originally ordered him to pay, due to his only income being SSI. He was arrested DEC 10, of 2013... court date on the 14 of Jan, judge couldn't make up his mind, then on Jan 28th the judge revoked his probation. 10 years. (5 years per case) I'm not understanding any of this. my husband's classification in the system is community custody, looking that up he's within 2 years of parole. Is there any way of finding out more information since I can't get the info from his lawyer?
First off, his SSI will stop while he's incarcerated. Ouch.
Shock Probation requires a motion before the sentencing Judge and is essentially another chance at probation. The idea being that the offender has been sufficiently "shocked" and will now abide by probation requirements.
The timeframe may differ state to state. In ky, Shock has to be applied for between 30-180 days after sentencing. Check your state's statutes and/or regulations covering Probation & Parole.
Personally, I'd not (didn't/woudn't) go for shock probation....probation is day-for-day. Period. Parolee's (in ky anyway) are still getting Good Time and Work time credit off their sentence (up to 11 days a month).