Shepherdsville, KY asked in Criminal Law and Probate for Kentucky

Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and a maximum of 10 days to approve or deny it after being considered, but I haven’t seen anyone discuss how long it usually takes after the day the motion has been filed. My friends attorney says he will file a motion after the first 30 days he's spent in prison so I’m trying to get a realistic expectation of when he may be able to get out of prison if it’s approved. Could this ever be approved the same day the motion is filed? Located in Louisville, Kentucky. Thanks in advance.

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2 Lawyer Answers
Leland Hulbert
Leland Hulbert
PREMIUM
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear the motion the following Monday at motion hour and setting a hearing date approximately 30 to 60 days away. At the hearing the court will hear arguments from both sides. After that the court typically will make a ruling that day or within 30 days.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Usually 30-60 days after the motion is heard. Very rare that it is granted same day.

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