I will defer to the responses of some of the highly qualified criminal defense attorneys practicing in NY who participate here. In my experience in PA, provided all obligations have been fulfilled (especially money obligations, fines,costs, and restitution) and there have been no violations, early termination is a viable determination. Critical to its success is a recommendation for it from your PO. Have you discussed the concept with him/her? You will likely require the assistance of counsel to prepare, file, and possibly argue to the Court for early termination. I have seen situations here where the PO moved the Court for early termination without involvement of counsel representing the Defendant. Understand that the system, and all its component parts, are overburdened. The system has an interest and incentive to get people off probation who appear to no longer need it and people taking up space in jails and prisons who can be moved without negative consequence to allow space for someone else more deserving. Good luck.
You have to make a motion in court.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Misdemeanor probation is only for a maximum of three years so you should be near the end. Will your P.O. recommend early termination? If not, it's doubtful the judge will grant it.
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