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Probation Reduction is it possible ?

Elmont, NY |

I am currently on probation for a misdemeanor DWI in Nassau county, I stumbled across articles about probation reduction and was curious as to how that worked I have served 1 year ( as of November ) of a 3 year probation sentence. I understand that according to most articles I should wait until I am halfway through my probation. Considering that I am employed, have never violated probation or failed any drug test I have been given is this a sensible thing for me to ask my probation officer about ?

Secondly do I need an attorney to file such a request with the court and should it be the same attorney who defended me during the DWI ?

Attorney Answers 6

Posted

Yes and yes. Ask your PO and find yourself a criminal defense attorney to put the motion together for you.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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8 lawyers agree

Posted

You don't need the same attorney but that certainly would be easier since they know your case and would be in the best position to advocate for an early reduction- unless of course you had a problem with the original attorney. Its always a good idea to get the probation officer on board with such a request. Hopefully you have a good relationship and history with the PO. Hope this helps. Good luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

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7 lawyers agree

Posted

You never know until you try. I have attempted doing a really early termination in the jurisdiction I practice in a few times and have been successful. You usually need a good reason- such as work, etc.

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8 lawyers agree

Posted

Early termination depends on the judge. The earliest is 1 1/2 years but some judges require 2 years. Probation can put in the application but a straight denial is very possible. An attorney can make the motion and advocate for you stronger than probation. It does not need to be the same attorney.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

My advice is that you have a heart to heart discussion with your probation officer. Getting a lawyer involved will do no good as, in my experience, the judge who placed you on probation will place almost 100% reliance upon the probation officer's assessment.

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3 lawyers agree

Posted

You can request a reduction but it is unlikely that it will be granted at this time. You can make the request yourself or use any criminal lawyer. You should speak with your probation officer before doing anything as he/she will prepare a report and a recommendation which will be considered by the Judge that makes the decision.

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