To make a motion to amend or modify the terms of a probation for a criminal charge, will a hearing be reqd?

Asked almost 5 years ago - Roswell, GA

Sentenced to 15 yrs probation. Terms of probation are very strict. Its the 10th year, no violations whatsoever in 10 yrs. Curfew is 6pm, nd flexibility to work and take care of family.

Attorney answers (4)

  1. Michael Jason Rhoades

    Contributor Level 16

    Answered . You need to speak to an attorney about filing a motion and asking for a hearing on the matter. It is possible a judge will modify the sentence, but without a good advocate pushing for you, these types of motions can get pushed back and forgotten. Speak with an attorney soon.

  2. Adam Marshall Hames

    Contributor Level 11

    Answered . You need to speak to an attorney because you will need to file a motion. That does not mean that you have to have a hearing. Occasionally, terms of probation can be worked out with the prosecutor in advance. There are a number of qualified lawyers in your area that can help you with your problem.

  3. Carlos Gonzalez

    Pro

    Contributor Level 17

    Answered . While I am not admitted to practice in yoru state i would highly suggest you meeting with an attorney in your immediate area, in NY there aqre provisins for early release from probation... perhaps you may wish to look into this possibility

  4. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . The only way to amend terms or conditions of probation are to get the matter back in front of a judge with the authority to amend or change the conditions. I agree with my colleague, consult directly with an experienced GA criminal defense lawyer who can advise you of the process that GA requires for these types of applications. Good luck.

    DISCLAIMER I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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