Criminal Law Blog
What Is Shock Probation?
Shock probation has been a phrase thrown around news outlets in Texas recently. You may have seen some of the headlines that read, “Judge Denies Drunk Driver Shock Probation” or “Convicted Burglar Receives Shock Probation as a Shock To Him.” If you are one to use context clues to figure things out, you may think that this is a scary combination of a probation and electrotherapy. Don’t worry – this is actually a positive idea designed to reduce overcrowding in jails and reward those with good behavior.
Shock probation in Texas is just like any normal probation, but is granted after a convicted person spends around 3 to 6 months in jail. A judge in this type of case has 180 days after sentencing where he or she retains jurisdiction over the case. Within that time and after some paperwork is done from the side of the defense, the judge can determine if the defendant would gain anything from carrying out his or her full sentence. Essentially, granting shock probation would depend on the defendant’s attitude towards the jail time he or she had received so far. If he or she is “scared straight” and it is highly unlikely that he or she will be a repeat offender, shock probation may reasonable.
Before getting too excited, shock probation can only be requested if a minor or nonviolent offense is committed. You also must be a first-time offender.
Say you are sentenced to a year in prison. At the 6-month mark, you ask the judge for shock probation. If you have ever gone through the legal system, you know paperwork takes longer than it should (before you hear the word “paperwork” and your blood pressure goes up, most of the laws that cause this were created to protect you as US citizens). In some cases, this “paperwork phase” could take months, so you may end up passing up the end of your original sentence before getting out on shock probation.
The statistics for those out on shock probation in San Antonio and the greater state of Texas that turn into repeat offenders is much lower than the basic repeat offender average. Shock probation can be used as a great way of forgiving those who had a minor lapse in judgment. If you had that lapse in judgment, don’t hesitate to call our offices. To avoid useless jail time, you need Daniel & Hudson on your side.
For a free, confidential consultation contact the Law Offices of Daniel & Hudson at 210-222-2297. We are available 24 hours a day, 7 days a week.