I was charged with a M- Corruption of Minors charge with 5 years probation. I completed 33 of the 60 months of supervision, paid all fines and fees and have been in no further trouble. We got the motion in front of a judge. I am interested in seeing what questions the judge may ask at the hearing and what to expect at the hearing. I have the consent of my PO who strongly advised me to do file for termination although the DA does not consent for the motion. I am finishing college and am planning on attending graduate school. I have high honor attachments from my college etc. I just want to know what is going to happen at this hearing? Questions they may ask me? Reasons why this petition may be denied.
Criminal Defense Attorney
I'm assuming that you have an attorney who filed the petition and will be representing you in court. It would have been a mistake to file it on your own. The Court does not have the authority to change the sentence. The only thing he can do is change it to non reporting. You do not indicate whether the underlying charge involved sex which would have a bearing on the courts decision.
I agree with Attorney Keller and would add that "Motions practice" will be incredibly specific to your county. What can be done comes down to the attitudes of the DA, the PO, and the Judge. If you have local counsel, he will have better insight as to the questions you will face.
Criminal Defense Attorney
With all due respect to the attorney who stated that the judge has no "power to change your sentence" he is talking about the power of a court to modify the original length of the sentence. He is talking about the fact that, in order for the court to modify a sentence, a motion should be filed within ten days of when the sentence was originally imposed and the fact that the court would have 120 days to grant or deny such a request. It would be deemed denied by operation of law if not ruled upon within 120 days.
Motions for early termination of probation are not really viewed as motions to modify the sentence. I have practiced criminal law in multiple counties including Blair. These motions are not commonly granted but they are often granted. I imagine a DA could some day make a legal challenge to a judge granting an early termination of probation on the grounds that such was really a very late modification of sentence but I have never, in 21 years, seen such an argument made. Let me give you an analogous situation. Say a person gets 6 to 23 months in jail. That person is eligible for parole after 6 months in but I have seen petitions for early parole granted on many occasions.
My rule of thumb is to tell my clients to do at least 60% of the probation.
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