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(a) During the period in which the defendant may file a motion pursuant to this statute, the sentencing judge, within his or her discretion, may order that the defendant be held in a local detention facility that is not at or above maximum capacity until such time as the court rules on said motion. Probationers on more serious offenses might have in-home visits or inspections and field visits by a probation officer. If you need help with the Public File, call 210-351-1241. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our site includes quite a bit of content, so if you're having an issue finding what you're looking for, go on ahead and use that search feature there! Error message | View complete answer on https://sddefenseattorneys.com. A misdemeanor punishable by jail can be probated for up to two years. Shock probation and split sentencing are legal provisions that are used for community release of offenders, once they undergo a short term of imprisonment. . Kylie Ora Lobell is a legal writer for LegalZoom, Legal Management Magazine and many law firms throughout the United States. It allows a judge to send a defendant to prison or jail for a short period of time, and after that stint is served, put the defendant on probation. Call today to speak to an experienced attorney with our firm. How to Obtain a Petition for Shock Probation. Of the 87 departments responding to the survey (out of 106 queried), 75 reported having used shock probation. In 2018, there were nearly 368,000 individuals on probation in Texas, according to prison policy initiative. Once the court receives the motion, it seeks a report from the prison authorities regarding the conduct of the offender inside the prison. continuous sexual abuse of a child (the minimum penalty for this offense is 25 years), when a deadly weapon was used or exhibited during of a felony offense or flight there from, and. While juries are allowed to probate most offenses, judges face limitations on which offenses may and may not be probated. The judge grants shock probation after the defendant has served four months in jail, and the defendant is released and placed on probation for five years. margin: 25px 25px 25px 25px; Hit-and-run victim to driver: I wish her no ill harm. But as long as the individual follows the rules of probation, then he is let off the hook, and his sentencing is complete. Prior to 1913 there were on two sentencing options in Texas: a judge could sentence a defendant to prison or a jury could recommend that no sentence be imposed. Apart from its effectiveness in reducing recidivism, shock probation is also useful for cutting down prison population. LockA locked padlock Community supervision comes in three categories: regular (or straight) probation, deferred adjudication and shock probation. Probation may last longer than jail time in some cases. Though shock probation has many upsides, it has disadvantages as well. If you have a question about shock probation arising out an offense and a conviction that occurred in one of these counties, contact our offices today at 512-457-5200. Misdemeanor Probation. Sometimes, an individual is given probation right off the bat, and other times, probation follows a stint in jail. Read More: How to Obtain a Petition for Shock Probation. Theyre realizing that traditional periods of incarceration have not done anything, Hartley said.