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If paperwork was filed for shock probation why is the lawyer saying he will get a yes or no answer in two weeks.

San Antonio, TX |
Filed under: Criminal defense

By my understanding he needs to be present for the judge to make a decision why is the lawyer saying this. He is currently in raymondville the judge is in Bexar county. We are in our 124 day I know all this needs to be done soon. Please help. Is he doing this right.

Attorney Answers 4

Posted

Judge can deny application for shock probation without calling over Defendant, however, he can not grant the application without the Defendant being present. If Attorney has told you he will know something in 2 weeks, he is telling you that the Judge will either order Defendant brought over to have a hearing on the motion for shock probation (which indicates the Judge is considering granting it), or the Judge will deny the request to have a hearing on the motion and thus deny the request. You need to be patient at this point and wait. The court's jurisdiction to consider Shock Probation expires 180 days after judgment is issued so the attorney is doing what he needs to do in plenty of time to get the Defendant there if the court decides they will consider granting it.

This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.

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Asker

Posted

Thank you. Now I understand.

Posted

Sure is...and you will get an answer in two weeks.

Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.

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Asker

Posted

So he doesn't need to be present

Posted

As one of my fellow attorneys has said here, the court can simply refuse to hold a hearing on a shock probation application and never bring the defendant back from prison for a hearing on it.

Why not just ask the lawyer what is going on. Most lawyers are quite willing to give some details about procedures if asked.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

Because I have called several times a day for a week and haven't got a call from him and all I want to ask is what is going on just some kind of explaination since obviously I am not a lawyer and I don't know how it all works. He can contact me quick for more money but to bad he can't contact me to answer a few questions. Very frustrating.

Asker

Posted

At least I got my question answered and now I do understand what is going on.

Posted

I agree with the answers provided by my fellow attorneys. Be patient.

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