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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? | ||
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Member |
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. | |||
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Member |
I did that. Court ordered 30 days as a condition plus SAFP with 6 years probation. | |||
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Member |
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. | |||
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Member |
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. | |||
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