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  1. #1
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    Jan 2017
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    Default How to End My Five Year Probation Early

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

    Hello, I am entering my 3rd year of probation, and I am in good standing with my Officer. I call in once a month to an automated voice recognition system. I am on prohibition for two felony counts, one for grand larceny and the other for fraud. Besides these charges my record is clean. I am wondering what can I do to possibly shorten my sentence. I am currently on restriction from leaving the county I live in, and have to ask for permission if I want to travel outside of my restricted area. In addition to that; I can't consume alcohol or work anywhere alcohol is consumed. (just throwing in this info incase its needed).

    Thank you for your help!

  2. #2
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    Sep 2005
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    Default Re: How to End My Five Year Probation Early

    You can ask your probation officer very nicely, if he'll consider you for an early discharge from probation. You can also ask about whether your probation officer might lift travel and alcohol restrictions -- but if you're an alcoholic or have a substance abuse history, I wouldn't bring up your desire to drink to your probation officer.

  3. #3
    Join Date
    Oct 2016
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    Default Re: How to End My Five Year Probation Early

    Probation officers do not decide if probation may be ended early, at least in New York they don't. See Criminal Procedure Law 410.90 for more information about early termination of probation.

    A motion must be filed with the court. Probation and the District Attorney's Office add their input to process - which means that they will either provide information that will help convince a judge to grant your motion or they may oppose what you're trying to do. The matter then gets calendared in front of the same judge that imposed the sentence of probation, who will then decide what happens.

    Since the probation is a sentence of the court, only the court may alter it.

    This is hardly a do-it-yourself matter - you need to get a criminal defense attorney involved.

  4. #4
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    Default Re: How to End My Five Year Probation Early

    Quote Quoting Highwayman
    View Post
    Probation officers do not decide if probation may be ended early, at least in New York they don't. See Criminal Procedure Law 410.90 for more information about early termination of probation.

    A motion must be filed with the court. Probation and the District Attorney's Office add their input to process - which means that they will either provide information that will help convince a judge to grant your motion or they may oppose what you're trying to do. The matter then gets calendared in front of the same judge that imposed the sentence of probation, who will then decide what happens.

    Since the probation is a sentence of the court, only the court may alter it.

    This is hardly a do-it-yourself matter - you need to get a criminal defense attorney involved.
    I really appreciate your responses.

    If I do go through the whole process of hiring an attorney are the chances that I'll get off decent?
    Will they take into account that my first 3 months into my probation I failed a drug test? I however took a 3 month sobriety course and passed. And have been clean since, passing all my drug tests.

    Also, when I do go about this process what are some tips that I can possibly help me through the whole situation.

    I know that I have to at least have a plan of what I'm going to do. And I will be letting them know that my plan is to go to India to become a certified yoga master to come back and start my own practice here I the states. Besides that what other info can I provide them that will help my case?

    Again thank you for the help. Very much appreciated.

  5. #5
    Join Date
    Oct 2016
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    1,131

    Default Re: How to End My Five Year Probation Early

    No one here has a crystal ball and can tell you what your chances are.

    Much depends upon the county and the particular judge, as well as the District Attorney.

    Your best bet is to consult with a local attorney who is familiar with the local court and with the judges. He can find out which judge sentenced you if necessary and let you know what your chances might be.

    It would probably be wise to speak with two or three attorneys to get a consensus.

  6. #6
    Join Date
    Jan 2017
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    14

    Default Re: How to End My Five Year Probation Early

    Again I appreciate the help so very much! Thank you!

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: How to End My Five Year Probation Early

    Quote Quoting Highwayman
    View Post
    Probation officers do not decide if probation may be ended early, at least in New York they don't. See Criminal Procedure Law 410.90 for more information about early termination of probation.

    A motion must be filed with the court. Probation and the District Attorney's Office add their input to process - which means that they will either provide information that will help convince a judge to grant your motion or they may oppose what you're trying to do. The matter then gets calendared in front of the same judge that imposed the sentence of probation, who will then decide what happens.

    Since the probation is a sentence of the court, only the court may alter it.

    This is hardly a do-it-yourself matter - you need to get a criminal defense attorney involved.
    i don't know any state where the PO has the power to terminate probation but in any state I am aware of, the PO's recommendation goes a long way in what the court will do. I don't see a problem with broachingg the subject wit the PO to get their take on things. Most actions are denied if the po isn't supportive of them from what I have seen.

  8. #8
    Join Date
    Jan 2017
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    Default Re: How to End My Five Year Probation Early

    okay so when I do go to court, what will increase my chances if anything. Perhaps if I tell them I plan on moving out of the country to pursue work or going back to school etc..?

  9. #9
    Join Date
    Jan 2006
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    Default Re: How to End My Five Year Probation Early

    Um, no. Saying you are PLANNING on doing anything your probation terms restrict is a good way to piss off a lot of judges. They may say something like; you're PLANNING on violating the terms of your probation? Well, we'll see about that. Bailiff, aquaint the probationer with where he can obtain a gps anklet.

    You need to show a valid reason why you need to be released or restriction eased. The availability of work, or the lack of or especially a job offer out of the restricted area is a reasonable reason to seek permission to leave the area regularly.

    Suggesting you would be leaving the country would pretty much guarantee you won't be released or terms modified.

    Dont expect alcohol use restrictions to be relaxed. If you have any history of problems with alcohol, don't expect the restriction of not working where alcohol is sold to be lifted.

  10. #10
    Join Date
    Jan 2017
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    14

    Default Re: How to End My Five Year Probation Early

    Well not that I'm planning that unless the probation is terminated, not while still on probation. That is actually the main reason why I want my probation to be terminated. I wish to go to India and become a Yoga Master to return and practice here as a potential career. If Im understanding correctly you are stating that If i tell them I plan on leaving the country (only if my probation is terminated) that it will upset them?

    in addition to that I am not an alcoholic and besides failing a drug test once for MJ I've been in good standing with my P.O

    which I took a three month sobriety course and received my certificate.

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