Would I be able to get off Felony probation early?

Asked 3 months ago - Buffalo, NY

I have been on probation for 3 1/3 years so far. I was placed on probation 3 years ago due to a DWI, but while on probation I received another one and I am now placed on felony probation but have been on probation continuously. I would like to get off probation so I could move out of state. I have finished my counseling and will be finished with drug court and 300 hours of community service in April of this year and would like to go back in front of the judge asking for my probation to be terminated. I also wouldn't mind getting my probation transferred either which I have had many opportunity's job wise to do so, but I do understand that you do need a family relative to transfer to a different state and I do believe there are ways around it because I have saw it happen before.

Attorney answers (6)

  1. Howard A. Schwartz

    Contributor Level 19

    6

    Lawyers agree

    Answered . It is possible but not likely. You can apply for a transfer if probation and make a request to the judge. Make sure you have documentation regarding job and living conditions.

    This answer is only for informational purposes and is not meant as legal advice.
  2. Richard Caro Roxin

    Contributor Level 12

    6

    Lawyers agree

    Answered . Consider contacting the attorney who represented you on the underlying charge which led to you being placed on probation for the purpose of coordinating an application to the Court which imposed the sentence. Your attorney should know that a very favorable recommendation from your probation officer indicating your compliance to date along with a reference from your place of employment will help. Be realistic though; the fact that you were charged with another DWI WHILE ON PROBATION will certainly be taken into account by the Court. Understand that you're asking the Court to go out on a limb for you, and not many Courts are willing to do so for someone recently convicted of at least two DWIs.

  3. Stephen Charles Cooper

    Contributor Level 17

    5

    Lawyers agree

    Answered . Anything is possible . Depends on the judge and the probation office. If they think you deserve a break, they can do things.

  4. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Speak with your attorney who handled your violation of probation matter. A transfer is within the realm of possibility,

    The responses provided to your questions are not legal advice, do not create any attorney client relationship, and... more
  5. Jack R. Piana

    Contributor Level 5

    3

    Lawyers agree

    Answered . It is entirely within the discretion of the Department of Probation whether or not to discharge you early. I have had clients that have been discharged early because they had been completely compliant with the terms and conditions of probation.

    Please be advised that misdemeanor probation is not transferable interstate, but felony probation is. Because of your violation of probation, you may still be on misdemeanor probation as well as felony probation. This is something to look into.

    Felony probation is transferable, but not to every state. You need to make sure that the jurisdiction that you intend to move to is in a state that accepts New York Probation transfers. It may be also wise to investigate the workings of the probation department in the place you intend to transfer to. I have had clients transfer from a lax jurisdiction into a strict one, which created a tremendous problem for them.

  6. Nikole M Wynn

    Contributor Level 10

    Answered . It is possible, but it is up to the probation department and the judge.,

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