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If my P.O. gives me the okay to terminate my probation, and I get a lawyer to go with me to court what are my chances like?

Marietta, GA |

I got 24 months probation and six month license suspension for a DUI "per se" / Reckless driving when I was 17 , went to court in Forsyth County when I was 18. I'm now 19, been on probation for 15 months, finished all my courses recommended/ community service before I was even put on probation. I'm actually doing mail in probation, even though I'm still living in the state. I've paid all my fines, and I'm ready to just be off probation. I've been researching a lot on this topic and want advice from other lawyers, instead of people on random websites. So what are the odds of getting off probation early if I hire a lawyer and get permission from my P.O., and which lawyers are the best for me to consider hiring?

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Attorney answers 6

Posted

There's always a chance of early termination, and it definitely helps if your PO is on board with it. Of course, it will depend entirely on the facts of your case, including any mitigating factors (if you have children, work multiple jobs, need to get off probation to begin some new position, etc. Forsyth county can be a tough place for a DUI defendant, but I've found that they're generally reasonable if you're taking responsibility and doing what you're supposed to.

As for who's the best lawyer, obviously I'm biased. Make a call or two and find someone you're comfortable with who is reasonable for this kind of case--the motion to terminate shouldn't really be too involved, so I think the fee should be pretty treasonable.

Asker

Posted

I got one more quick question if you don't mind answering it. Do I have to have a legit reason on why I want to get my probation terminated, or can it just be because I don't want to continue paying the $43 monthly?

Kevin Aaron Chastine

Kevin Aaron Chastine

Posted

You don't necessarily need to have some special circumstance justifying early termination. Those things help, but we should be able to get a pretty good feel for the likelihood of success by talking with your PO about your case.

Posted

The most important thing is finding out if the judge that sentenced you is likely to grant such a motion. Forsyth County is a tough jurisdiction, but lawyers that practice there regularly will know the answer. Search right here on AVVO for lawyers in Cumming. Call a few for free consultations. Hire whoever you feel most comfortable with.

Posted

Two to one for!

Posted

If your probation officer signs off on early termination (as long as it has been more than a year, which is the statutory minimum on a DUI), then you should do just fine. It is ultimately up to the judge, but the judges usually will defer to the judgment of the probation officer who is more intimately involved with your case. You should probably consider hiring a DUI lawyer for this since we have the most experience with the kind of conditions that you had to complete on your probation.

Posted

It's hard to give you "the odds" of getting off probation early as there are many factors to consider and many questions you would have to answer before a lawyer can give you an idea of whether a motion to terminate probation would be successful. You should consult with a few lawyers and hire the one you feel most comfortable with who has the most experienced you can afford.

Posted

It is entirely up to the judge who sentenced you as to whether or not he will let your probation terminate. You are off to a great start because your P.O. is on your side. Forsyth County is a tough jurisdiction, but with the help of an attorney you may be able to get the probation terminated. I would definitely hire a local attorney, who practices regularly in that courthouse, and who knows the prosecutors and judges.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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