Defendant on deferred for DCS in DFZ..Violates by comitting a new DWI w/ Child....Case is resolved by an agreed plea of 2 TDC (day for day because of the DFZ), which includes 12.45 of the new DWI w/ Child...Def. atty. is now making noise about a motion for shock....If defendant does so, is this a vilation of the plea agreement entitling us to revive the DWI w/ Child case?
My initial research says we are stuck, but I would love to find somthing to the contrary....HELP!!!!!!!!!

I agree that you are stuck on this case, but you can prevent this in the future by stating in the plea agreement that defendant is waiving any "shock" request. We occasionally have a defense lawyer that pulls this type of stunt and we then know to put the right wording in any future agreements with his cases. Hopefully, you have a judge that will shut this down pretty quickly.

Local press release might do the job.

We just complain at the hearing that the shock motion violates the terms and the spirit of our plea agreement. So far, we haven't had a judge undercut us by granting the shock probation.

What if no one bench warrants defendant back to court?