I have a ankle monitor on for two years and the probation also requires me to go to out patient treatment and attend 2 self help meetings a week. (A.A).so I thought it would be a good idea to put myself in in-patient treatment and I'm attending atleast 20 meetings a week. Originally I got 5 years probation for agg. Assault and grand theft (a family matter between my dad who I now have a great relationship with) I violated probation twice for not being on time, hence the ankle monitor now!... If I keep doing the right thing and stay going to meetings and have a counselor write me letters of recomendation to probation and judge, is there somehow I can put a motion in myself for modification of probation? If yes, how? And or would it be a waiste of time? Thank you so much -j Scott sommer
It would be completely up to the judge with feedback from probation and the state attorney. You can try and run the motion yourself but I would encourage you to consult with several local attorneys first. Each judge is different and they all have nuances that only an experienced attorney who handles cases with them regularly would know about.
If you are handling it yourself I would suggest writing everything down that you have successfully done since starting probation and explaining the the judge why you believe the motion should be granted. However, I would still advise consulting a local attorney if possible for assistance.
Best of luck.
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There is a strong likelihood the Judge will say, "How would you like it if the State came in and asked to send you to prison?" You have been given some huge breaks and you are lucky to be at home. That being said, keep up the good work, show a consistent pattern of rehabilitation and anything is possible.
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It would be within the judge's discretion to modify the conditions of your probation, but you would likely also have to convince your probation officer and even the Assistant State Attorney to endorse your motion. And, for that to happen, you would need more than a sob story. Probation is not meant to be easy. However, if you establish a good track record and demonstrate that you can abide by your current probation conditions, you might be able to get modified conditions. Trying to navigate this on your own, however, would be unwise, in my opinion. A local, criminal defense attorney who has established relationships with the prosecutors and judges would be best suited to represent you for this purpose. Again, though, because you've had two violations in as many years, I think you've got a while before you could credibly argue that you deserve a modification. Best of luck.