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If judge grants his shock probation does he get out right there n then? If she denies does he do more time or same time?

San Antonio, TX |
Attorney answers 3

Posted

He has to be processed out, but that won't take too long. A person is not penalized for filing a motion for shock probation so more time will not be added if the motion is denied.

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Asker

Posted

He's been in jail since the 3rd of this month.. Do u thinks its best he do a lol more time b4 we do shock paper work? Or we can start now n maybe he be out sooner?

Asker

Posted

?

Posted

If it's granted, he will be released fairly quickly. If it's denied, he's transferred back to TDC to finish serving his original sentence.

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Posted

If a TDC inmate is granted shock probation and has no other holds, typically the inmate is taken back to the county jail, a warrant check is run, and the prisoner is released to serve probation.

Denial of shock probation does not increase the sentence.

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.

Asker

Posted

Ok he has a few tickets traffic tickets unpaid I guess u warrents can I pay then or he does time for then and then released or that stops the shock probation?

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

The probable impace to the traffic tickets on a shock probation application is something that you need to discuss with the attorney who handles the application process. Remember, the judge does not have to grant the shock probation...doesn't even have to hold a hearing before denying shock probation. So, it is critical to have a good lawyer representing the applicant.

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