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I'm writing a letter to apologize to the courts for my actions & to request for early termination of probation. Any suggestions?

San Diego, CA |

The offense was alcohol related and I have served over half of my probation and completed all my probation terms. I am hoping to get off probation to expunge my records to increase my chances of landing the perfect job. Also, I want to apply to nursing school.

Attorney Answers 5

Posted

A letter of apology is not the best vehicle for what you are trying to do. The attorneys here on AVVO who respond to your question(s) are generally willing to offer a free consultation. Legal fees may be more affordable than you expect. Get some help for the greatest chance of success.

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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Posted

That's a good start, but unlikely to get the results you desire. The law is complex and you need to understand it to get what you want. That understanding takes years so don't do this alone if you wish to succeed.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Jay Scott Finnecy

Jay Scott Finnecy

Posted

I'm puzzled why so many believe lawyers are unnecessary. "Do I really need a doctor to remove my appendix?"

Posted

The best chance at early termination will definitely be with an attorney who is familiar with the specific court, who can advise as to the best arguments and approaches, and who can present the case to the court. As a general matter in early termination motions, it is usually important to address several key factors, including why probation is imposing a burden on the probationer (for example, preventing job opportunities, interfering with family or work travel, preventing a relocation, etc.). A probationer will also wish to emphasize specific rehabilitation efforts and a plan moving forward to maintain success. In some jurisdictions, whee diversionary or "expungeable" probation is granted, a defendant must complete a minimum period of supervision to be eligible for expungement. The specifics of a particular case are best discussed in confidence with the attorney who originally handled the case, or with new counsel.

The author provides answers on this site based on hypothetical questions and fact patterns. The answers provided are for general educational and informational purposes only, and they do not constitute legal advice, which would require a personal consultation and representation agreement. Questions and answers on this site do not create an attorney-client relationship, and the communications are not privileged. Any citizen with a legal issue should consult personally with an attorney and should rely only on legal advice provided in a formal attorney-client relationship.

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Christine C McCall

Christine C McCall

Posted

CA law does not provide for true "expungement," and we do not have "expunge able probation."

Posted

Think of it more like a letter of accomplishment and goals. Words are cheap. Actions count more. Talk about the things you accomplished while on probation, like sobriety, counseling and remaining crime free. Explain why probation is no longer necessary, talk about your current situation including any family support and lastly, tell the judge why it is important to get off probation. Don't just say I want a better job and want to go to school. Provide detailed information about your future goals. Be persuasive and sincere. Good luck.

This answer is intended to only provide general information and does not establish an attorney- client relationship. The information is not guaranteed as sound legal advice since most questions are very limited in nature. You may wish to consult with an attorney regarding your specific case.

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Posted

I hope you are doing this as an attachment to the formal motion you will be filing with the court and serving on the prosecutor's office.

You may have a compelling reason to terminate your probation early. Increase your chances by retaining a quality, locally experienced, criminal defense attorney.

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