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My husband got sentenced to six years for a drug charge. He has a prior charge of a dwi can he file for shock probation.

Pleasanton, TX |

He has a pror charge of dwi w child endangerment in which he has done time for.

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Attorney answers 6


If he has already been sentenced to TDC, he is not eligible for shock probation since he is confined to prison.


Shock probation is only for those who have not been to prison. The point is that they will have been "shocked" into going the straight and narrow when they go to prison. If they have been before, it means nothing.

Cynthia Henley


No. Shock Probation is not intended nor applicable for those with prison priors.


With a six year sentence, he probably wouldn't want to go with shock probation anyway. He will be parole eligible when his actual and good time add up to 1/4 th of the sentence. Which means he could be parole eligible in as little as 1/8th of the sentence. (Unless there was a finding that it was within 1000 feet of a school zone, etc.) Parole is much easier to complete than probation. There is just no guarantee when, or if he will parole out.

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A prisoner who has been to TDC before is not eligible for shock probation. I agree with the others who have said that.

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.


If your husband has already been sentenced then he is not eligible for shock. Shock probation has to be agreed to before the person is sentenced.

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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

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