Man Serving Time For DWI Denied Shock Probation (San Antonio, Huntsville: felony, camp)

[majormadmax]

Finally, a judge that is starting to "get it!"

Man Serving Time For DWI Denied Shock Probation

A San Antonio man hoping to get shock probation after he was sent to boot camp for failing to stop and render aid in a 2005 intoxication assault case -- and after he was arrested on a charge of drunken driving in 2010 -- went before Judge Ron Rangel on Wednesday.

David Alan Lopez asked Rangel to suspend his sentence and to grant him shock probation, but on Wednesday afternoon, Rangel denied his request.

"When you get the wonderful opportunity of shock probation for killing somebody, you can't expect to get that opportunity again," Rangel said, as he addressed Lopez in the 379th courtroom. "Understanding that, I have no option but to deny the defense's motion." (Full story (http://www.ksat.com/news/28758420/detail.html - broken link))

By the way, I have to admit I had to look up "shock probation"...here's the definition:

Shock probation provides defendants with an opportunity to receive probation after spending a short period of time in a jail or prison. The theory underlying shock probation is that immersing a defendant in the penal system for a short period of time can 'shock' him or her into a non-criminal lifestyle.

Like other forms of probation, shock probation is considered a privilege rather than a right or entitlement. This means it is up to the discretion of the sentencing judge.

In Texas, judges may grant shock probation to felony and misdemeanor offenders within six months of the time they begin serving their jail sentences.

For felony offenders to be eligible, this must be the first felony for which they have been incarcerated. As Texas allows jury sentencing, juries also may recommend shock probation.

Once released, offenders are put on community supervision. It might work like this: A first time offender can be sentenced to a prison term -- say 10 years, and sent to Huntsville, like any other convicted felon. But after 90 days to 6 months, the judge can suspend the remaining portion of the sentence and grant probation.

The "shock" is meant to be 90 days to six months of daily life in the Texas Department of Criminal Justice, after which an inmate theoretically will never break the law again.

Shock probation benefits the state as well as the inmate. It is a cost-saving alternative to lengthy incarceration and is believed to reduce recidivism. Keeping an inmate in the system any longer than 90 or 180 days not only costs more money but increases the risk of creating a hardened criminal.

I wonder how successful that program is, it certainly wasn't in this case!

Cheers! M2

[ShaneSA]

Given the recent publicity of DUIs and a cop being killed by a drunk and another cop losing a leg, I seriously doubt any judge would go easy on a DUI. At least I hope that is the case. there are so many drunks on the road and so many injuries that this city/county really needs to enforce the laws that are there and stop allowing loopholes and easy outs for the guilty.

[sapphire]

In my opinion, the judge in the first case failed us. 4 months in jail for killing someone, a friend at that???? Disgusting. However, I am thrilled beyond thrilled that the judge in the second case (is it the same judge?) is finally going to treat SOCIETY right and keep this idiot confined. I'm also relieved that the mother of the victim wants him kept locked up, too.

[HillCountryHotRodMan]

Nonsense. The elected judges don't "get it". They are just as rotten as every elected official local, state and country. Money talks.

[rd2007]

Good on the judge

Now we need to find a way to put these chronic offenders down forever..

[ggeorgie]

money talks...
I know of thiis guy who got 3 dwi's and his last sentence was two days in jail instead of probation. his two days consisted of him turning himself in at 11:00pm at night only to be released at 12:30 am the next morning. He didn't spend 48 hours in jail, he spent two calendar days...

[The Black Irish]

Give him 20 bottles of Jack Daniels, no toilet or clothes, and let him drink himself to death. Or, I have said this before, bring back the Mexican Firing Squad. Line em up, take em out, save us taxpayers some money. Everyone wins

[Azure110]

Originally Posted by ggeorgie

money talks...
I know of thiis guy who got 3 dwi's and his last sentence was two days in jail instead of probation. his two days consisted of him turning himself in at 11:00pm at night only to be released at 12:30 am the next morning. He didn't spend 48 hours in jail, he spent two calendar days...

So what did the guy do to get this light punishment? Pay the judge off?

[DexterCat]

Originally Posted by sapphire

In my opinion, the judge in the first case failed us. 4 months in jail for killing someone, a friend at that???? Disgusting. However, I am thrilled beyond thrilled that the judge in the second case (is it the same judge?) is finally going to treat SOCIETY right and keep this idiot confined. I'm also relieved that the mother of the victim wants him kept locked up, too.

judge definitely failed that one. my dumbass, disowned father killed someone while driving drunk and got 13-16 years.

i think he's due to be released in 2019 or so.

[Soviet]

Originally Posted by MattTx

So what did the guy do to get this light punishment? Pay the judge off?

I want to know as well as to what happened. Just in case. Might be useful information.