I was sentenced to 1 year community control (house arrest) & 2 years probation. I was told I could roll my community control into probation at 6 months (halfway). I mailed in the modification request, however it was "lost". I picked up another request form but life got in the way and long story short, family issues came first & I put myself last. My probation officer advised me to put in for modification to probation many times as I have been a star student and she is behind me. I am now one month away from my year of community control & will be beginning my probation. My question is: since I was eligible & would have only have had to serve 6 months community control, is there any way I could terminate my probation at 6 mos. instead of 1 year? The way I look at it, altogether my time totals 3 years, 1 1/2 with good behavior. It would end up being the same amount of time so what's the difference. Could the judge look at it as "credit for time served" for the community control, which is harsher than probation, and cut me some slack so I can get on with my life? I'd really like to be done as soon as possible so I can expunge my felony and get a good job again. Thank you!
Q: My question is: since I was eligible & would have only have had to serve 6 months community control, is there any way I could terminate my probation at 6 mos. instead of 1 year?
A: Probably not. Still, anything is possible, what is probable is another story, and in either event your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
You will have a much better chance if you have a lawyer filing and litigating motions for you. Your PO is neither a lawyer nor an advocate and you may well be " a star student" but you are not a lawyer and your law degree is worth precisely what you paid for it... (e.g. lawyer's motions are not mailed and do not get "lost").
Wishing you good judgment, luck and hoping that I have been helpful in answering your question.
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Whether you may terminate early will depend on your offense, on the cooperation of your probation/CC officer, on the cooperation of the State, and on the cooperation of the judge. You should hire counsel to make the arguments you have mentioned. Defense counsel would have to secure no objections from any of these parties for you to succeed, but it is technically possible.
Your question has quite a few parts to it. It looks like you are posting from St. Petersburg, Florida in the Sixth Judicial Circuit where I practice and was a former prosecutor. The Circuit Judges tend to be very specific there on exactly when you are eligible to move to terminate your probation/community control. I would review your judgement and sentence and look to see what was agreed to at the time you plead. If you are eligible to terminate early, you can hire an attorney to file a motion to terminate your probation on your behalf. It will be set on a probation day for that Judge and they will consider your motion at that time. You will have to be fully paid up to date on your probation fees/court costs and all conditions completed before your attorney can file the motion to terminate. A representative for probation from the Department of Corrections will be in court on the probation day and will have access to all of the notes from your probation officer to tell the Judge on your behalf. For the expungement, you will need to contact an attorney to review your case and see what can be done. From the facts you have posted, it appears you would possibly be eligible for a sealing, but not an expungement. If you contact an attorney, you can provide much more detailed information to better discuss your sealing/expungement eligibility.
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