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What kind of motion should i file to get off community control early and continue probation?

Miami, FL |

I am currently on community controlled, and have served 8 months of a two year sentence. I also have 5 years of probation following the community control being completed. I know already i am eligible for early termination after 1 year of completion, but i wanted to just convert the remaining time left to probation as I am a student that is about to graduate with a four year business degree. I have achieved high academic standing and am doing very well in my schooling. I have many reccomendation letters from my professors as well as my pastor from my church where i volunteer also. My community control officer does not object to me filing a motion now as I have paid all my court costs since last year october 2008. My cost of supervision is waived while i am in school and I want to start pursuing internships and began a career in my major as well as possibly go get a masters degree. What kind of motion should I file? An early termination or an early rollover to probation? Should i even file being that i have not reached the 50% mark? Please if someone can help, let me know, thank you...

I wanted to thank you for your response, as well as thoughts on my problem. I have filed a motion, and scheduled a hearing date this month. Do you have any advice on what I should be prepared to present the judge in terms of what I should say, or expect to answer any questions.. If you have any advice, I would greatly appreciate it. Thanks again...

Attorney Answers 2


Excellent question. Unfortunately, there is no straight answer. While 8 months is less than half of your sentence, you do have a lot going for you by way of evidence that you've turned you life around. In addition, you're not asking to terminate your probation, but rather convert your community control to additional probation time. My opinion is that this is a motion worth filing. You could entitle it "Defendant's Motion to Terminate Community Control and Convert Balance to Probation." A lot will depend on your lawyer's ability (or your ability if you go it alone) to convince the judge that you are worth taking a risk on. As you undoubtably agreed to 2 years CC in your plea agreement, the judge is under no obligation to let you remove the CC early.

There is a lot more that I wish I could write out but it's a lot simpler just to talk in person.

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Mr. Wolenski is correct. You can file a motion to convert your community control at any time but you are right that your chances increase significantly once you reach that 50% mark.

Craig Epifanio

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