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  1. #1
    Join Date
    Aug 2011
    Posts
    25

    Default Who Can Request Probation Condition Modifications

    My question involves criminal law for the state of: Michigan

    I feel the terms of my probation are a little too strict considering the crime for which I am on a deferred sentence. I know people probably say that quite frequently, but is my attorney the person who would handle requesting that the terms be modified? If he were to do so, what would he have to prove? I have already paid my fine in full, completed 1/2 of my community service (the other half will be complete by next week) and am a very very low risk re-offender. hence the deferred sentence.

    Thanks!

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Who Can Request Probation Condition Modifications

    What conditions do you find to be too strict?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Who Can Request Probation Condition Modifications

    If you want to pay your lawyer to talk to your probation lawyer, break out the checkbook. He'll probably be happy to take the fee.

    I would personally start by discussing the situation with the probation officer who, odds are, will believe that your deferred sentence is already a huge break.

    You can consider bringing a motion with the court if the probation officer won't agree to modify the terms of your probation but I expect that the judge would both be deferential to the position of your probation officer and will believe that your deferred sentence is already a huge break.

  4. #4
    Join Date
    Aug 2011
    Posts
    25

    Default Re: Who Can Request Probation Condition Modifications

    I understand what you're saying and you're right, I'm sure that both the P.O and judge feel that the deferred sentence is a huge break. I do feel that getting a deferred sentence was a huge break for me and I'm sorry if it appears I'm complaining, it's just that I feel the conditions of probation are a little over the top considering my crime. I plead guilty to RTF 3rd degree. My one and only criminal offense in my life, and no I'm not trying to make light of the situation, I know I did wrong but I feel that the community service and fine, on top of checking in with a P.O for 6 months and staying out of trouble is sufficient punishment. I learned my lesson and as I stated before I am a very low risk for re-offending. The judge even said I was low risk for re-offending.
    To answer your question, I feel that my curfew between 10pm and 6am and the no drinking is a little restrictive for me. My husband is a high level executive and we USED to attend lots of dinners and functions for his work that take place at restaurants, which serve alcohol. Apparently I can no longer attend these. I can also not have a glass of wine or cocktail at any of these functions, even if I was allowed to go. I am by no means a heavy drinker, but I do enjoy the occasional drink to wind down. Being that these are dinners, there are occasions where we are not home before 10pm. Certainly before 12, but not 10. Also, we have a few good friends who are getting married the latter part of this year and I unfortunately, will not be able to attend these functions either.
    Again I understand that I am on probation, but I basically cannot get back to a normal lifestyle with these restrictions. I will be missing out on family and friends and as shallow as it sounds, I will not be able to be supportive of my husband at any type of work function either.

    Sorry for the rant, and sorry if I appear spoiled. I just wanted to know if there is anything I can do to get the judge to ease up a bit, but it appears as if that will be a negative.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Who Can Request Probation Condition Modifications

    I highly doubt it. You can't choose your punishment. You have a very good situation going with the duration of your order alone. Don't get greedy, they gave you a really good deal.

  6. #6
    Join Date
    Aug 2011
    Posts
    25

    Default Re: Who Can Request Probation Condition Modifications

    What about other people whom I live with? My husband drinks socially on weekends and has beer at the house. I have not been drinking, and it is kept in our garage where he and his friends drink the beer. Is it a violation for him to have beer? I'm not the one who is purchasing or possessing it.

  7. #7
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Who Can Request Probation Condition Modifications

    Quote Quoting Meowmix
    View Post
    What about other people whom I live with? My husband drinks socially on weekends and has beer at the house. I have not been drinking, and it is kept in our garage where he and his friends drink the beer. Is it a violation for him to have beer? I'm not the one who is purchasing or possessing it.
    If you have a zero tolerance policy on your order and your PO does spot visits, yes you can hav a problem. If your PO doesn't do filed visits on you and you abstain from alcohol you are fine. Most importantly, if your loves you enough, I'm sure he's willing to modify his drinking pattern for you for a couple months.

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