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Brian Garrett Thompson

Brian Thompson’s Answers

2 total

  • If u are turned down for a motion of modification After probation can u ask for a reconsideration of the motion

    My son was convicted and sentence on June 3 for burglary 18 months which is a felony he filed a motion for modification within the 90 days but was turned down. After he get out and finishes probation and pays restition can he file a reconsiderati...

    Brian’s Answer

    A motion for modification must be filed within 90 days from the date the sentence in the case is imposed. I assume that what you want to request is that the guilty verdict be stricken and that probation before judgment be granted so that your son does not have to spend the rest of his life as a convicted felon. If that is what you are trying to accomplish, I would hire an attorney to file another motion to modify before the 90 day time limit runs which should be sometime in the first week of September. You can ask the judge to hold the matter "sub curia" which allows the court to retain jurisdiction over the case beyond the 90 day time limit. If the judge agrees to do this, you can request a hearing once his probation is nearly completed and ask the court to set the matter in for a hearing. At that time you may request and the court retains the jurisdiction to grant, probation before judgment. You need to act fast though because once 90 days passes the court is permanently divested of jurisdiction if a motion is not filed.

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  • Can I get a PBJ for a first time criminal offense while I am already on probation.

    Facing my harrassment charge in court. I am on probation for a traffic offense. Need to know if a PBJ can be entered.

    Brian’s Answer

    Yes, in fact more often than not the Assistant State's Attorney will not even review the traffic record of someone charged with a misdemeanor criminal case in the District Court. The real problem here is that the PBJ for the criminal charge can violate the traffic probation that you are currently on if that probation is for an incarcerable traffic offense such as DUI or Driving on a Supsended License.

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