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Early probation termination or sentence change to non reporting

Canton, GA |

I have completed 3 and a half months, I have a prior for the same charge but it was dismissed, I have little fines to pay off but I am not behind, how likely is it for me if I hire a lawyer to either terminate my probation or change my sentence to non reporting I have to call a testing hot line and work early mornings and my boss gets irritated when I'm late because of testing and don't want to loose my job. What is my best course of action to take.

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Attorney answers 6

Posted

There are no guarantees. A lot depends on the judge you have and how the judge feels about it. You find probation inconvenient, and many judges will say it is supposed to be. Still, you definitely don't get if you don't ask. I would not even consider it until all the fees, fines and other condition are 100% met. Otherwise, I think you are wasting time.

I hope this helps. Good luck.

Posted

How long is your sentence? Judges are generally open to modifying probation if a defendant can show that his job status or condition will improve. But, I agree with the other attorney, everything must be complete to even have a shot.

Posted

There are no guarantees. The best you can do is hire a lawyer to present your best case and see what a court will do with it. You are asking the court to exercise its discretion and there is no way to predict it.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

Posted

Nothing is guaranteed, but a lawyer can file a motion to modify your sentence regarding your probation.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

Posted

It sounds like you have done well while on probation, and that is the first step in seeking any type of modification. One thing you must keep in mind is that probation for a DUI can not be suspended or terminated early. The statute does not allow that to happen. You could ask the judge to allow you to go on non-reporting probation during the DUI probationary period. If you received more than 12 months probation if you had multiple offenses, then the judge could terminate early on the other charges. You should speak to an attorney who has experience in this area and either seek non-reporting status or terminate the balance of probation after you have completed the DUI sentence.

This answer does not commit attorney Brad Reed to representation of the author of this post. It is recommended to discuss your case with an attorney and spend more time to better understand your situation.

Posted

After you pay all of your fines and fees, perform all of the sentence requirements, then you can make a motion with the court to have your probation converted to non-reporting. Many judges will allow that after 6 months of your sentence have expired. Good luck.

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