Shock Probation — Converting a Prison Sentence to Probation

October 15, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

“Shock Probation” allows a trial judge to convert a prison sentence into probation.  This can be after a plea bargain, a bench trial, or a jury trial where the Defendant is sentenced to prison.

Texas Code of Criminal Procedure Section 42.12(6)(a) allows the trial court to retain jurisdiction “for 180 days from the date the execution of the sentence actually begins” and the judge can place the defendant on probation if the defendant is otherwise eligible.  These do not apply to State Jail Felonies, however, other probation programs apply to those charges.

In other words, the defendant must still (1) be sentenced to less than 10 years of prison and (2) not have been convicted of a felony in this state or any other State.  The Judge cannot grant shock probation where the Judge couldn’t otherwise — meaning “3(g) offenses” such as murder, aggravated robbery, aggravated assault, aggravated sexual assault of a child, indecency with a child, or injury to a child to name just a few.

So here is how it works… after someone is sentenced (for example after a jury trial), the lawyer files a motion for shock probation under 42.12(6)(a).  The judge can deny the motion without a hearing but cannot grant the motion without a hearing.  The Judge must grant the request within 180 days of the date the execution of the sentence actually beings or it would be over-ruled as a matter of law.

Shock probation and an appeal are not mutually exclusive and both can be done.

A motion for shock probation is a great “second bite at the apple” and should be considered where a trial or plea bargain went wrong.

*Jeremy Rosenthal is an attorney licensed in the State of Texas.  He is board certified in Criminal Law.  Nothing in this article should be considered legal advice.  For legal advice about any situation you should contact an attorney directly.

Defending Allegations of Child Sexual Abuse

October 15, 2015

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

No one anywhere approves of sexual abuse of children and no one anywhere approves of destroying the lives of the innocent.  The clash of these two core values in the courtroom are not for weak or timid lawyers.

The Deck is Stacked Against You

I’ve got bad news.  If you are being questioned about child sexual abuse charges — the police, CPS, or Children’s Advocacy Center very likely think you are a child predator even though they may not tell you directly.

The legislature has given law enforcement more than enough ammunition to destroy the lives of those accused of child sexual abuse.  If you think you are being accused of such charges you must contact an attorney immediately.

What Makes Being Charged with these Crimes So Severe?

Here are some of the obvious:

(1) The Harshness of the Penalties.  Aggravated Sexual Assault of a Child carries a penalty of 5-99 years in prison.  If the victim is under 6, then it is 25-years to life with no parole.  Indecency with a Child can be either 2-10 years of prison or 2-20 years of prison based on the elements. Continual Sexual Abuse of a Child carries a 25-life sentence with no parole.

(2) The Destruction of a Family.  Many sexual abuse cases involve family members or close family friends.  Allegations often cause family members to take sides against one another.  These cases can be contentious as you can guess so it stands to reason many wounds never heal regardless of the outcome.

(3) The Stigma.  The label, stigma and shame of being a sex offender is obvious — if the first two consequences weren’t enough.  Whereas a theft charge, drug charge or even a robbery charge might allow someone to still fit into society as a productive member after their debt is paid — someone labeled as a sex offender has a much bigger (if not impossible) challenge to rebuild their life.

What Your Lawyer Must Be Able to Do

They must show the jury destroying the life of an innocent person is intolerable even if it is being done with the best of intentions.  To accomplish this, your attorney must know the facts of the case better than the prosecutor, understand the law better than the prosecutor, and have a skilled plan of attack.

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas and he is certified in Criminal Law by the Texas Board of Legal Specialization.  Nothing in this article is intended to be legal advice.  For legal advice about your case or any situation you should contact an attorney directly.  Contacting the attorney through this blog does not create an attorney-client relationship.  Additionally comments, posts, or communications through this blog are not confidential.

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