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Early Termination of Probation without going through probation officer?

Schenectady, NY |

Currently serving 5 years probation for Class E Felony and my first offense. I am 2.5 years into my probation period. I am interested in filing a motion for early termination of probation but am unsure how to go about it.

I have been required to check in with my PO once a month. I've never violated any terms of my probation, have never failed a drug test, and am now having difficulty finding work due to background checks. I have a great employment opportunity out of state as well as support of family members in that state as well, which i am lacking in my current location.

I was just transferred to a new PO due to moving, and my new probation officer doesn't seem to want to assist me with this motion. Wondering if I can proceed on my own or if it is not possible to file this w/o him?

Class E felony is for Attempted Possession of Marijuana.

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Attorney answers 4

Posted

I suggest that you review New York Criminal Procedure Law 410.90.

The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement

Asker

Posted

Thank you, have reviewed this procedure. I am just unsure as to whether or not I can proceed with this procedure myself with the court, or if there is not any way to file the motion without my probation office submitting the motion.

Asker

Posted

also, the crime was committed in Saratoga County, I just recently moved to Schenectady county. would i file the motion with Saratoga county courts, or Schenectady county?

George Peter Conway

George Peter Conway

Posted

Given that your case arises out of Saratoga County, I am unable to provide you with any further guidance due to a conflict. I am an Assistant Saratoga County Attorney. I answer question on this site as a way of fulfilling my own self imposed duty to provide pro-bono services.

Asker

Posted

well i greatly appreciate the assistance you have provided.

Posted

No Judge will grant you early release from probation without hearing the Probation Department's position.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

i understand they will need the probation officers input, i am just wanting to know if the motion has to be filed with my probation officer, or if i can file it on my own with the court.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

You can file with the court but you need to serve Probation.

Asker

Posted

what do you mean by Serve probation?

Posted

You can file the motion without his consent, but the judge will likely turn it down if the PO is opposed.
Perhaps you should consider filing a motion to move your probation to another state. Maybe with that motion the Court may terminate your probation.

Posted

Without the probation department being on board, it's a waste of time. Why don't you let the new PO get to know you and how you've changed and revisit the issue in 6 months.

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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