Early Termination of Probation without going through probation officer?

Asked 4 months ago - 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?

Additional information

Class E felony is for Attempted Possession of Marijuana.

Attorney answers (4)

  1. George Peter Conway

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . 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... more
  2. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Stephen Charles Cooper

    Contributor Level 18

    Answered . 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.

  4. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . 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... more

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