[bushkilldogo]

My question involves criminal law for the state of: New Jersey

Hello all,

This may be a long one so im sorry but I need to give some background...

I, in my former days, was a very young and dumb kid. Either way, I was originally on PTI in NJ for posession of stolen property which at the time I didnt care much. I was violated, then converted to probation, which I violated as well. This was 12 years ago.

Then, 2 years later, being still dumb I then cashed some stolen checks in my name (did i mention i was dumb?). Eitherway, shortly thereafter I left for Georgia and never looked back.

Fast forward...

5 years ago. I've grown up, had a family, a career making well over 6 figures. You can say I changed my entire life. On a trip back from abroad I was told by Homeland that I was wanted in NJ. 2 months later I moved back and on christmas eve I turned myself in and was released ROR.

3 months later I went to court where...

1) My previous violation and Probation was discharged (stolen prop) and...

2) I was sentenced to 5 yrs probation for the fraud charge with discharge after 3 IF I a) paid all of my restitution b) submitted to drug/alc eval.


Today...

I am under the supervision of NYC (I transferred) and have completed 4 years prob. I have completed my evals and am ready to pay off my restitution this week.

The problem...
When I spoke with the probation officer in charge of my case (never met him) he told me that he could not submit me for discharge because I had a previous VOP. VOP not for this case but for my PREVIOUS ONE! the one discharged!

Now, I am relocating to AZ, my wife and kids are already there, I can no longer stay in NY but he wont push me for discharge but WILL transfer me to AZ for supervision.

Of course I am a bit miffed about this, I have complied with the demands of the court and it feels as if hes on a power trip.

My question...
1) should I go to the Prob department and plead my case to his supervisor?
2) should I petition the Judge (who luckily is still there) for discharge directly?
3) should I do both?

I dont know as I said im a bit miffed. Sorry so long too.

[Mr. Knowitall]

You have absolutely no right to an early discharge from probation - you need to approach this as if you're asking for a really big favor, because that's in fact what you're doing.

You can try pleading your case to a supervisor or a judge; maybe you'll be lucky. I suspect your P.O. is simply following a policy set by the supervisor of his office, but you won't know unless you ask.

[bushkilldogo]

You have absolutely no right to an early discharge from probation - you need to approach this as if you're asking for a really big favor, because that's in fact what you're doing.

You can try pleading your case to a supervisor or a judge; maybe you'll be lucky. I suspect your P.O. is simply following a policy set by the supervisor of his office, but you won't know unless you ask.

Ok I appreciate that it IS like requesting a favor but, legally, can a discharge be denied although all terms of probation were met as mandated by the court. If so, legally, what grounds would they have to it.