I have completed all my terms of probation which were classes, impact panel, community service, fines. I am currently in my 4th calendar month of a Year long probation. My probation officer said the court can let a person off probation typically around the half way point. The judge said in my sentencing that he would give early discharge if everything was done on time and in a good way. I have written reports of how great I did and was always on time. My question is what do I have to do to go about obtaining an early discharge, and should I wait a few more months before trying?
DUI / DWI Attorney
Four months is probably too early to expect to be discharged from probation. I suggest you wait until at least six months have passed, then talk with your probation officer about it, if you have a good rapport with them. They may be willing to help you; they can submit a request to the judge asking that your probation be terminated. Having an attorney may help with this process, but you may be able to do it yourself by dealing directly with the probation officer.
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4 lawyers agree
Criminal Defense Attorney
For the most part, I agree with the previous answers. On additional thing you may thing about would be to have an attorney file a motion to change the terms and conditions of probation. My guess is that you are reporting, testing and doing other things. The judge may grant a motion to eliminate your terms and conditions until you are discharged and make your probation nonreporting. If the judge indicated that he would terminate you early if you finished everything and you've complied with what he said for you to do, I don't think it is too early to have a good criminal defense attorney file a motion on your behalf. There is no reason to believe the judge will not stick by his word.
Mr. Loren Dickstein, Esq.
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LEWIS & DICKSTEIN, P.L.L.C.
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Southfield, MI 48075
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Criminal Defense Attorney
I would agree with Loren on this. If the Judge has already said he would let you off early as soon as the terms and conditions were completed, I would hire an attorney and file the Motion to Amend/Modify/Terminate Probation now under MCL 771.2 and P v. Ford. Even if the Judge does not want to grant the Motion at this time, your attorney should ask the Judge to take the Motion "under advisement" pending whatever else he wants you to complete (i.,e. passage of a certain amount of time with no violations, etc.). Then, when the day comes that you have satisfied the Judge, the major legwork will be done without having to then wait even longer while a Motion is filed, served, and heard.
- Brian J. Prain, Livonia Criminal Defense Attorney - (248) 763-0641