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  #1  
Old 04-18-2016, 02:25 AM
Lynnystarr Lynnystarr is offline
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Question Shock Probation time frame after parole violation

My boyfriend was on parole in KY he was released and was suppose to go to a halfway house he was arrested in Indiana but, the charges were dropped KY had a hold on him for absconding. He only has the one charge in Carroll KY and did 18 months already over it. My question is his lawyer filed for shock he was brought to KY in Jan didn't see the parole board until March when we found out what they were going to do. His lawyer filed for shock in April which would be within the 180 days and they denied it because they went back to the 1st date he was in jail my lawyer says this is incorrect it should be from the time he was incarcerated this time not back when he did the earlier jail time the time frame should start after he seen the parole board for absconding. Has anyone else ever been through this or know anything about this? We have a bed waiting for him in a rehab so, I'm really hoping our lawyer is correct! He is on his way to KY in the morning to appeal this or speak with the prosecutor. We have 4 children and this has been so hard. I hope explained this so it makes sense what I'm trying to ask.
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Old 04-18-2016, 09:13 AM
burnyswife burnyswife is offline
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I don't know anything about this, but I just wanted to say hi and I'm here if you want to just chat. I also have 4 kids and a husband who had a mess similar without the parole board complications he is now in rehab and will be home soon. I know how hard this is on you and the kids. Try to take a breath and know that you will be OK!! Somehow you will be OK!!
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Old 04-18-2016, 09:20 AM
Lynnystarr Lynnystarr is offline
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Thank you for responding that's very kind! It's nice to know at least someone understands w/o judgement on how hard something like this is to go through! Thank you for the positive motivation much appreciated!
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Old 04-18-2016, 09:38 AM
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sass4221 sass4221 is online now
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Here is part of the statute on shock:

upon motion of the defendant made not earlier than thirty (30) days nor
later than one hundred eighty (180) days after the defendant has been incarcerated in
a county jail following his conviction and sentencing
pending delivery to the
institution to which he has been sentenced, or delivered to the keeper of the
institution to which he has been sentenced, suspend the further execution of the
sentence and place the defendant on probation upon terms the court determines.
Time spent on any form of release following conviction shall not count toward time
required under this section.

I don't believe he can even appeal an Order denying shock as shock probation and/or parole are not guaranteed.
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Old 04-18-2016, 10:57 AM
Lynnystarr Lynnystarr is offline
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Thank you for answering. Maybe appeal isn't the word. His lawyer was basically saying he has 180 days to file from the time incarcerated. The courts was saying he had 180 days from the 1St time he was in jail. My lawyer says that's wrong he was released and absconded and sentenced again or required to finish his sentence so he should have 180 days to file from the time he went to jail for absconding my lawyer thinks he can fight it because the statue isn't specific I have no idea what to think but, guess I will find out soon!
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Old 04-18-2016, 11:07 AM
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I wish him luck but the statute does say from conviction, not from revocation.
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Old 05-04-2016, 08:25 PM
Krissytan Krissytan is offline
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So when they file for shock, will they get a letter saying they were denied IF they were to be denied?
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Old 05-04-2016, 09:07 PM
Lynnystarr Lynnystarr is offline
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Yes they sent a letter to him saying it was denied then our lawyer received a letter about a week later.
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Old 05-04-2016, 09:09 PM
Krissytan Krissytan is offline
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Okay. Mine assumed that he was denied because he hadn't heard anything. It's been around a month since his lawyer filed.
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Old 05-04-2016, 10:27 PM
Lynnystarr Lynnystarr is offline
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They will send a letter and they should show on KY court dockets where the motion has been filed if they have filed it yet....I never could get a clear answer on if a timeframe existed in which they have to make a decision. I just know nothing is done in a hurry that's for sure! I wish you the best of luck and I hope he gets shocked out!!!
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Old 05-05-2016, 06:29 AM
Krissytan Krissytan is offline
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Thank you! So do i.
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