AGG SEX ASLT CHILD U/14 eligible for shock probation?

Criminal Defense 3 views 3 answers
Fiance took a ten year plea deal. He has never been in trouble a day in his life not even a speeding ticket. He did 30 days in county and is not on the second month of prison time. We were told he would not be eligible for parole for 5 years. Half of his ten year sentence. Is he eligible for shock probation since this is his first offense and at the ten year timeline? Or is there something we can file or have an atty file to get him eligible for parole before the five year term. Please let me know..I know we are running out of time and if I need to hire an attorney i would like to do it this week or next. Thank you so much.

Attorney Answers

3
Richard Jones ·
If he's already been sentenced he is no longer eligible for shock probation. Unless he filed a motion for new trial, he doesn't have many options.
0 upvotes
Jaime Lopez ·
I disagree with the other attorney. A person who is sentenced to prison is eligible for "shock" probation if the Judge acts on the request within six months of sentencing on a felony. However, they have to be eligible for probation. A Judge cannot grant probation to a person convicted of an aggravated or 3g offense. This would exclude your fiance. If it had been another type of felony, he could have made the request within 6 months of sentencing. Shock probation should not be confused with shock jail time that is required on some cases like DWI 3d.
0 upvotes
Cynthia Henley ·
The judge could only grant deferred adjudication probation to your fiance because of the charge. But, since your fiance was convicted, deferred is no longer an option (defferred means setting off the finding of guilt - but your fiance has already been found guilty.) So, the judge cannot grant him shock - he is not eligible. He will serve 1/2 of his time before becoming ELIGIBLE for parole. This does not mean he will get parole but he CANNOT get it before serving 1/2. The only option for you is to try to help him make first parole - after serving 5 years - by hiring a parole lawyer. If anyone tells you differently, they are just stealing your money.
0 upvotes

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