What is Shock Probation?

San Antonio Criminal Defense Attorney

In Texas, law enforcement may use shock probation in the sentencing of a person who has been convicted of a crime. When a person is placed behind bars after being convicted of a crime, the first couple months of incarceration are often the most difficult. Shock probation is probation which is granted after three to six months in jail or prison. As being imprisoned is so difficult, it is hoped that the individual will change their behavior in order to avoid going back to jail. They are released back into society while they are still feeling the shock and trauma of time behind bars. The reason they are released on shock probation after only months behind bars is because those who have been incarcerated for years have learned how to deal with life behind bars and the first shock they dealt with has worn off. In fact, after many years in prison, they may even have developed more behavioral problems.

Shock probation is not to be confused with spilt sentencing. In a situation involving a split sentence, the judge tells the individual that they will be serving some of their time behind bars and the rest on probation. Although they may look the same, shock probation is only offered after the prisoner has served some of their sentence while a split sentence was arranged that way from the beginning. A benefit of both shock probation and split sentencing is that it helps prevent overcrowding in prisons and jails. It also is beneficial to the prisoners because it gives good people who made a mistake the chance to get their life back on track.

Were you accused of a crime?

If you were accused of a crime in Texas and want to know if you could be granted shock probation, there are some important facts you will need to be aware of. First of all, shock probation is not a right and it is not available to everyone. Shock probation is usually granted to those who have been convicted of a crime for the first time. In order to have the best possible chance of being able to take advantage of shock probation, it is best to have a strong legal representative on your side defending you before the judge. By convincing the judge that you are a good candidate for shock probation and that you will do everything you can to get your life back on track, they could help you to successfully be granted shock probation. Even if the sentence given to you by the judge turns out to be longer than you would have had to spend in jail, this is still usually more advantageous than having to remain behind bars. To learn more, please contact our firm!