At what point is enough enough?
At what point can you ask the court to release you from probation?
Well, having successfully freed one of my clients today from the last few years of probation supervision in a 10 year sentence, I can at least give you some guidelines as to why my motion to terminate probation was granted today.
First though, you must realize that each case is different, and my success for my client today does not mean that I can free you from the state’s watchful eye in every circumstance. I can however, tell you what today’s recipe for success was.
By far, the most important thing that you must do while on probation if you wish to request termination is DO NOT VIOLATE probation. Hopefully you read your probation paperwork, and realize that not violating any other laws while on probation is a minimum requirement. If you violate a law, or are even accused of violating a law, you can forget about early termination.
Additionally, you need to do everything that you were ordered to do while on probation. Top of the list for priorities here is to PAY ALL YOUR FEES AND FINES. In case you haven’t figured this out, the State wants its money, and there is no way in the world you are going to be released from probation if you owe any money that was ordered in your sentence.
Next, once you have paid everyone, you need to have done the things that were supposed to help you. In other words, TAKE YOUR COURT ORDERED CLASSES. Even if you don’t enjoy them, learn at least one thing from them and be ready to explain to the judge what that one thing was. By the way, learning one or more things is OK in forced education, and showing that you learned something will give you a lot of points with the judge.
Now that the bare minimum is covered, let’s move on to the “make or break” portion probation termination. Essential to success is your ability and willingness to TAKE RESPONSIBILITY for the events that got you on probation in the first place. Blaming anyone but yourself is instant death of your motion. You lost your case the first time, so don’t try to fight it again. If you are still fighting for vindication, you won’t have your probation terminated.
Realize that no-one wants to be on probation, so you must find and ELABORATE THE SPECIAL CIRCUMSTANCES that make you deserving of probation termination. Do you have a growing business that needs you to leave the state regularly? Are you unable to care for a dependent family member because of probation? Simply not liking having to report in because it interferes with your personal or work life is not sufficient.
Remember that the judge doesn’t want to change your sentence. While it is not weakness to change a decision, some people will view it in that light. Therefore, it can’t be a huge change in the original sentencing decision. So until you SERVE A MAJORITY OF YOUR SENTENCE, it is not likely that judge will change your sentence. “Majority” starts at 50%, but 60% is better. And the longer you wait, the better chances you will have.
Finally, you should CONTACT a CRIMINAL DEFENSE ATTORNEY. And since I just proved today in court that I know what I am talking about, I suggest that you contact me if you are looking to terminate your probation.
You can email me at Roy@RoyYunkerLaw.com, or call my work line, (404) 861-8826.