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Probation in Texas is not available for sentences that are 10 years or longer. After she goes through sentencing, she must file a motion to go back to the original trial court and then get probation. The Texas Court of Criminal Appeals in 1913 upheld a Suspended Sentence Act which essentially provided that Article III, Section 1, of the Texas Constitution permits the legislature to authorize suspended sentences without infringing upon the Governors pardon powers. The concept behind shock probation is to shock a defendant into not committing another crime with the reality of incarceration. A defendant who was eligible for probation and received a sentence of 10 years or less may apply for shock probation. A report that is favorable to the defendant, increases his chances of receiving a shock probation. Necessary cookies are absolutely essential for the website to function properly. And in Class A or B misdemeanor cases, the maximum period of probation is two years with no minimum term of probation. A violation can lead to probation being revoked. Texas is not the only state that uses some form of shock probation. They could be forced to do community service, go to counseling and/or get probation time, or pay a fine. He can hire a lawyer to help him or do it on his own. Probation, Deferred Adjudication, Shock Probation and Pre-Trial Diversion By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair Prior to 1913 there were on two sentencing options in Texas: a judge could sentence a defendant to prison or a jury could recommend that no sentence be imposed. Kylie Ora Lobell is a legal writer for LegalZoom, Legal Management Magazine and many law firms throughout the United States. Shock probation is found here in Article 42A.202 of the Texas Code of Criminal Procedure (previously it was in Article 42.12 Section 6(a)). Pre-trial Diversion. What Does it Mean When a Sentence is Probated? The defendant applying must be eligible for probation (at some point) in the first place and must have received a sentence of no more than 10 years. The goal is to show the defendant what life is really like behind bars and how painful it is to be stuck in jail away from friends and family. The trial court judge receives reports about the conduct of the defendant inside the prison. It sends convicted offenders to prison for a short period of time, say 30 days, 60 days or 90 days. The idea is that the brief stint behind bars will shock the defendant into more law-abiding practices. Community supervision consists of programs, sanctions, and conditions set forth by a court that a person has to meet as an alternative to jail or prison. Katie Belknap, the victims wife, praised the judge for resentencing Ross. If the offender violates any of the T&Cs, he/she can have their probation revoked and be required to serve the original sentence without receiving credit for any time spent on probation in the free community. The record is then destroyed as though it never existed. Nowadays, shock probation is being replaced with boot camp shock incarceration. What is Shock Probation? And then, based on their behavior in prison, the judge could bring them back and resentence them to probation, Hartley said. Read More: How to Obtain a Petition for Shock Probation. 42.12, Section 5(a), a defendant charged with indecency with a child, sexual assault, or aggravated sexual assault (regardless of the age of the victim), or any sex offense with a child under age 17 deferred adjudication probation must not be less than 5 years. It is likely that a motion to revoke probation will be filed, and the defendant will be arrested and return to court. In Texas, even minor violations can be .