Probation Reduction is it possible ?

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 ?

Elmont, NY -

Attorney Answers (6)

Joseph A Lo Piccolo

Joseph A Lo Piccolo

DUI / DWI Attorney - Garden City, NY
Answered

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... more
Daniel Nelson Deasy

Daniel Nelson Deasy

Criminal Defense Attorney - Centennial, CO
Answered

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.... more
Cambria L Lisonbee

Cambria L Lisonbee

DUI / DWI Attorney - Newport Beach, CA
Answered

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.

Ethan Patrick Meaney

Ethan Patrick Meaney

DUI / DWI Attorney - Minneapolis, MN
Answered

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.
Edward L. Fiandach

Edward L. Fiandach

DUI / DWI Attorney - Rochester, NY
Answered

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.

Michael David Elbert

Michael David Elbert

DUI / DWI Attorney - Melville, NY
Answered

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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