MY ATTORNEY REFERS TO ME RECEIVING A 120 DAYS RELATED TO REPEATED DUI CHARGES IN THE STATE OF MISSOURI, IS THAT A TREATMENT PROGRAM SERVED IN JAIL?
Criminal Defense Attorney
served in prison. either general population or treatment department.
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Criminal Defense Attorney
You should ask your attorney because it depends on what the offer/sentence is and gets complicated. Explaining terms like this or anything else about your case that is confusing to you is your attorney's job. If you're not happy with how your attorney is explaining things to you, you should possibly consider hiring a different one. Shock time in Missouri can mean many different things:
(1) When someone is placed on probation for a felony offense in Missouri, the Judge has up to 120 days (less with a misdemeanor) of shock time in the County jail to order be imposed at the discretion of Probation and Parole. What that means is, if you aren't doing what you are supposed to do on probation, your PO can tell you to go do 2 days, 5 days, etc. in jail instead of requesting the Judge revoke your probation entirely and send you to prison. They have up to 120 days with which to do that (or less depending on what the Judge orders).
(2) 120 days shock can also be served in the county jail right away. This often happens to keep an SIS offer and a conviction off your record, while satisfying the prosecutor that you are being "punished". These are the 120 days I discussed in (1), but instead of giving your PO discretion to send you to jail during your probationary period, the Judge just orders you do all of it right away. When this happens, your PO no longer has any discretionary time left to send you to jail if you mess up on probation.
(3) This could also be 120 shock pursuant to the new statutory Court Ordered Detention Sanction (CODS) which would be served in the Missouri Department of Corrections (prison) in one of two programs: straight shock or an institutional treatment program. This type of shock can be (and sometimes must be) imposed after a felony probation violation in place of revoking probation. What this means is you go to prison for 120 days but keep your same term of probation (ie it doesn't restart).
(4) Lastly, there is the traditional and typical 120. This is a type of sentence on a felony case. The judge will order a sentence on the felony be imposed pursuant to a 120 program, specifying either shock or treatment. If it is the 120 day shock program, that means it will be served in the general population in DOC. If it is the 120 day institutional treatment program, that means you will get treatment in DOC. What this means is, the judge will order a sentence to serve, send the offender into the department of corrections on that sentence, but retain jurisdiction for 120 days to consider the offender for release on probation. The Judge will get a report about 90 days after you are there and will release the offender onto probation if there is a good report and the sentence becomes a "backup" hanging over your head if you violate probation. The Judge does not have to release the offender onto probation after the 120 days, but most Judges typically do if there is a good report: i.e. release depends on you. If you are not released, you remain in DOC on your sentence. This type of 120 can be ordered at sentencing after the original plea or as part of a probation violation. If you were already on probation and the 120 day shock was part of a probation revocation, your probationary period will restart.
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DUI / DWI Attorney
You are most likely referring to 120 days in Department of Corrections. This could be straight prison time or since you have stated it is for a DWI offense, it could be a treatment program done in the Department of Corrections. You need to call your attorney and discuss this in greater detail. They are familiar with your case and can better answer your questions. If you do not have an attorney for this case in particular, you need to hire one ASAP! Felony DWI's are very serious in Missouri and you need a serious defense.
Please contact me at (314) 561-9690 for help. Answers provided to questions on AVVO are general in nature and do not represent specific legal advice. I am happy to meet with you in person to discuss your case in detail, and at that time I can give you specific advice based on the full facts of your case. *The choice of a lawyer is an important decision and should not be based solely upon advertisements.