I filed a motion to terminate my probation, the DA decided to take no position on the motion now its just the judge's decision.

I filed a motion with my attorney for early termination of probation, The district attorney replied today by a letter saying that they will take no position on the motion to terminate probation, and that i was charged originally with Retail Fraud, A plea agreement was reached which allowed me to enter a plea to Disorderly person. Now i guess its up to the judge, What are my chances? (52-3rd district court judge assadorin)

Troy, MI -

Attorney Answers (2)

J. Matthew Catchick Jr.

J. Matthew Catchick Jr.

Criminal Defense Attorney - Southfield, MI
Answered

The fact that the prosecutor is not objecting definitely helps you. How long have you been on probation? Have you completed all the "other" aspects of your probation, like community service and attending the economic crime class (if ordered by the Court) ? If you have completed at least half the term of your probation, and if you have not violated in any way, and if you have already completed all the other aspects of your probation (like payment in full of all your fines/costs and community service, etc.), you should have a good shot. What does your lawyer say? I wish you all the best of luck. Warmest regards, Matt Catchick.

Daniel P. Hilf

Daniel P. Hilf

Criminal Defense Attorney - Troy, MI
Answered

Judge Asadoorian is a tough Judge to have a case with. That being said, the issues that will probably influence her one way or the other include the following: the length of time you have been on probation; whether or not there have been any violations of your probation; your prior record; the reason why you want your probation terminated early; whether or not you have successfully completed all of the terms of your probation, including payment; whether or not you have any prior or ongoing substance abuse or mental health issues.

Hopefully your lawyer has experience appearing before Judge Asadoorian.

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