I received a possession of marijuana charge out of the 35th district court in Michigan, and
was put on 9 months probation weekly random etg drug and alcohol testing and counseling. I have paid all fines up as of 2 months ago, have passed all drug and alcohol screens and completed counseling without any violations or problems. I have an appointment with my probation officer Thursday, who has remarked in the last meeting that I was extremely compliant. Could she move me to non-reporting or complete my probation early? Do I have to request that or file a motion or can I just bring it up with her?
How much of your probation have you already served? It certainly doesn't hurt to ask your P.O. if she will consider recommending your early release, and consider allowing you to move to non-reporting probation. I'm sure you know this, but when you ask her, be sure to do it very kindly and politely. I wish you all the best of luck, and I hope you enjoy a great holiday season! Warmest regards, Matt Catchick.
The PO can recommend but it is the judge that has to sign off on it. Ideally you should have 2/3 of your probation finished with all fines and costs paid and no violations. You can always petition the judge yourself, but your odds are much higher if you have your PO on your side. Some judges are more inclined to grant such requests than others. Talk this over with your PO.
You should definitely ask. If they say no, you can hire local counsel to file the motion for you. I have been very successful in these motions under your circumstances.
My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.
The place to start is with your probation officer. If she will agree but does not have the authority to grant that relief on her own, ask her if she would be willing to ask the judge on your behalf.
If she indicates that the judge will not agree or that a motion is necessary, you can hire a criminal defense attorney to help you. A good lawyer will maximize your chances of success. Avvo is an excellent place to search for a qualified, 10.0 rated criminal defense attorney.
Best of luck!!
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