Krum, TX Criminal Defense Law Firms & Lawyers

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.

If your friend does not have money to hire an attorney, or family or friends to help him out with that, he'll have to ask the court to appoint him an attorney.