TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Shock Probation
Go
New
Find
Notify
Tools
Reply
  
Shock Probation Login/Join 
Member
posted
I pled a Meth case to 4 years TDCJ and the Defendant and his attorney voluntarily entered the plea. Now his defense attorney has a motion for shock probation. What's the best argument against this...does it not violate the plea agreement?
 
Posts: 21 | Location: Robertson County | Registered: March 12, 2014Reply With QuoteReport This Post
Member
posted Hide Post
My most effective argument to such motions has been to agree to the shock but on condition of 180 Days county Jail followed by SAFP.
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
Member
posted Hide Post
I did that. Court ordered 30 days as a condition plus SAFP with 6 years probation.
 
Posts: 21 | Location: Robertson County | Registered: March 12, 2014Reply With QuoteReport This Post
Member
posted Hide Post
We include in our plea paperwork an agreement that the defendant waives the right to request shock probation. This prevents defense counsel from circumventing a negotiated plea agreement.
 
Posts: 11 | Location: GRAYSON CO. | Registered: July 17, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Judge can always undercut the plea agreement. There is no right for the State to withdraw if the judge undercuts the plea agreement. So, it really depends on your judge's respect for a plea agreement that has been accepted and approved.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Shock Probation

© TDCAA, 2001. All Rights Reserved.