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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Default Denied Early Discharge from Probation Despite Fulfilling All Conditions

    My question involves criminal law for the state of: West Virginia

    Hello, I am currently in my 18th month of my three year probation sentence (For having 23G's of weed). I went to my appointment today (10/28/15), and I was told that the PA doesn't want to let me go just yet. I was told last month, that my paperwork would b put in. Mind you, I have had a job since my conviction date, clean urine screens, no run-ins with the cops and haven't missed work or appointments. Also, my old PO was promoted, so I've had a new one for the last three months. She seems to like me. My question I ask after the summary is; Why am I not off probation, if I've done everything I'm suppose to? I've paid my fines, labs etc. also did my community service. What's the hold up? Thanks in advance, for any and all advise.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Understand

    You have no special right for an early discharge from probation. If the court or the probation department believes that you need to serve more of the three years of probation to which you were sentenced, they can continue your probation. If this is the decision of your current probation officer, the only way to find out what your probation officer is thinking is to ask.

  3. #3
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Understand

    Nobody here can answer your question of why. None of us have regular interaction with you (as your PO does), know your history (as your PO does), or can consult with your PO regarding the reasons for not granting you early release.

    So, all I can offer is a guess. 23gm of weed is a significant amount – more than most people have at any one time for personal consumption. Possession of that amount at least suggests that you were selling. However, it is not such a large amount that prosecuting you for dealing would be a slam-dunk. You have not provided any details, other than the weight, that might be further evidence of dealing (packaging, circumstances when you were caught, cash on hand, etc.), whether you were originally charged with dealing and took a plea for simple possession, or anything else. But, I would guess that your PO at least has suspicions.

    Now, as has been already pointed out, you were sentenced to 3 years of probation – early release is not guaranteed simply by doing what the court ordered you to do. Your PO has to decide that your reformation is complete. Displayed attitude and lifestyle choices can be a big factor in that decision. From the tone and wording of your post, I suspect that might be an issue. Your tone gives the impression of an attitude of entitlement to early release as well as minimizing your offense. Possession of 23gm is not exactly the crime of the century, but if you minimize your crime with an attitude that it’s “no biggie” what assurance does your PO have that you won’t do it again the minute you are no longer being supervised and tested? Further, what lifestyle changes have your shown to your PO? Do you still associate with your pot-head friends? Do you still hang out at the same places as before you were busted?

    See where I’m going with this? It is not up to your PO to grant early release just because you have not yet violated the conditions of your probation. It is up to you to convince your PO that you are truly reformed and there would be no value to continued supervision.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Understand

    It's not up to the PO to grant early release in any circumstances. The court (judge) is who sentenced you and is the only entity that has the power to reduce your sentence.


    I have seen more situations where the probationer was required to fulfill the entire probation sentence than were released early. Some judges simply do not do early release.

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