how much of my probation do i have to complete in order to be eligible to terminate probation early? what is the RANGE of reasonable prices that I should be willing to pay a lawyer to do this for me (I used a PD for my DUI)? and what can i do if the lawyer is not successful? i mean, are there guarantees - like i don't pay unless my lawyer gets my probation terminated?
50% of probation is a good rule of thumb. Fees will vary depending on the attorney and their experience.
As for a guarantee, the type of "I don't pay if you don't win" agreement is against state bar rules and unlawful in criminal cases so no one will give you that guarantee. If someone does, have them put it in writing.
First, as to how long to wait: depends on the court. For DUIs a lot of courts are more reluctant to terminate early; in no case do I recommend anyone spend money to get it terminated early unless they are at least halfway through their term (18 months on a typical 36 month probation term.)
As to range of cost-- it's tough to say because the legal market has been very much influx. You'll probably get quotes all over the place. Anybody quoting less than $500 would make me nervous.
As to guarantees, the answer is definitely NOT. No criminal defense attorney is allowed to condition payment on obtaining a particular outcome.
Beyond that, you should seek out an telephonic or in-person consultation. Like most attorneys on Avvo, I offer free consultations and you're welcome to avail yourself of that opportunity.
There is NO ethical lawyer that will give you a guarantee, because try as they might on your case, they don't make the decisions, the judge (in this case) does. You may be able to go back to the PD, but you're better off with a private lawyer who has the time to really focus on the case and bring everything necessary before the court. You shouldn't consider early termination until 50% of the probation is over. Also, for DUI it is VERY unlikely that you will get early termination because of the public interest in having you on probation and under the probation terms set by the court. I do these motions ALL the time and DUI is easily the most difficult to get early termination for.
Lawyers charge what they believe their time is worth. There are typically filing fees that the court requires as well. You might expect to pay between $750 and $1500. There really are no guarantees in this business. Probation can be terminated at anytime but we usually suggest the best chance is after half the period of probation is over, if a person has not had any negative contact with law enforcement.
The general rule of thumb for termination of probation hearings is to serve at least half of your probation time, and successfully completed all other requirements (ie. paid fines, completed alcohol course, etc..). Attorney fees can vary greatly, and I would advise that you speak to a couple before making your decision. No Criminal/DUI attorney should be giving you a guarantee as to the end result as doing so is unethical. Feel free to contact me if you would like to discuss further.
The fee answer you have been getting is spot -on. Nothing is guaranteed in this business.
If you have completed all of the conditions of probation, and there is less than half of your probation remaining, it couldn't hurt to file a motion requesting successful termination of probation. Remember that it costs the State money to monitor you, and if there is nothing left to monitor you for, then it doesn't make a ton of sense keeping you on probation. In my experience, judges like rewarding people who have done an exemplary job in their probation with early termination. Talk to a lawyer first, and he or she should be able to give you an educated guess as to your chances before you hire them. Good luck!
Easy to do. If a deal cannot be worked out with the prosecutor (when you originally plead guilty) you will be ordered to the entire period. Provided you complete all terms of probation , you are entitled to ask for early termination. A attorney can prepare the document very quickly, or you can do it. Then it gets processed. Depending on the court and how much of the % of probation you've completed the government may or may no oppose your motion. You should not be charged an exorbant fee for this and many attorneys offer this as a part of their retainer initially. Good luck and call and experienced lawyer for more.
It has been my experience that many courts will not allow an early termination unless you have a compelling reason why it should be terminated. There is never an guarantee that a ruling will go in yur favor and the fees in these type of matters are never based on the outcome. Good kuck.
Get free answers from experienced attorneys.
24,130 answers this week
2,489 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary