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Is it possible to terminate supervised probation early?

Farmington, MI |

Is it possible to terminate supervised probation early? Hi I am charged with DWI, BAC 0.15 in Michigan. I will be doing pre-trial conferences in the coming weeks. I was planning to leave US and move to Bangladesh (my home town). Can the court allow me to move after I complete community services & pay fees etc. i.e. can my supervised probation be ended early or can it become a non-reporting probation?

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Attorney answers 5

Posted

Moving out of the country is possible but the issue has to be handled just right. The court isn't just going to want to give you a free pass so that you can leave the country; however, if you are very proactive about addressing what will inevitably be the judge's concerns at sentencing, a very persuasive argument can be made for allowing you to go home. You will need to find a lawyer who is very familiar with the Farmington Hills District Court and who can help give you the best possible chance of getting permission for you to leave and discussing non-reporting probation as an option.

Posted

Provided you haven't caused any problems while on probation, and, most importantly, paid off all of your fines and monetary obligations you could discuss getting off your probation early with your probation agent. Discuss the matter in a cordial and respectful manner, highlighting the reason(s) for the desire to move. If your agent agrees, no problem. However, if your agent will not agree you may need to retain an attorney to assist you in seeking early termination of your probation. Good luck.

Asker

Posted

Hi Ronald, Thanks! Have you seen any cases where a judge has just given a non-reporting probation to a DUI convict?

Ronald S. Pichlik

Ronald S. Pichlik

Posted

On occasion, yes. You might want to try to get your substance abuse assessment done early, to help move things along. It might even be possible to be allowed to plea to impaired with fines and costs; provided your assessment comes back indicating no problems, and that you otherwise have a clean record.

Asker

Posted

Thanks! Do you know who does a substance abuse assessment. Is it court assigned? I wanted to know whether I can do that without interfering my currently in-progress case.

Asker

Posted

Hi Ronald, I was asked by the probation office at the time of arraignment to fill out a 10 page questionnaire. It had several questions related to alcohol use etc. Was that the substance abuse assessment or does the assessment occurs after sentencing?

Ronald S. Pichlik

Ronald S. Pichlik

Posted

Not sure if that was your assessment, I doubt it. The court is required to have you do one, so it will either be ordered at the time of the plea taking, or you can look in the yellow pages under substance abuse and find a place that performs them. The court will have you do one prior to sentencing. You could contact the court and just ask if the questions you answered were for the assessment.

Posted

Thank you for your question.

Absolutely, if you can show "good cause" why moving would be in your best interests, and can either show that you can be supervised there or that probation should be terminated, a judge has the power to terminate probation early or make it non-reporting probation.

I hope that this helps, but if you have any other questions, feel free to post here. It's my pleasure to help in any way that I can, and best of luck to you.

Posted

Yes. .15 is a rather significant blood alcohol level so the Court won't let you off scott-free but leaving the country resolves every judge's concern: If someone gets too light a sentence and commits the same offense again, people look back at the judge from his first case and ask "why did you let him off?"

Posted

Yes they can terminate the probation early and yes it can become a non-reporting probation. Good luck with the process and visit www.jnfiani.com for more information.

Jules N. Fiani
Law Offices of Jules N. Fiani
810-227-7200
julesfiani@comcast.net

Asker

Posted

Thanks Jules. Do you know how much (on an average) a judge in 47th district court gives community service for a 1st offense. I have heard on an average 40 hrs etc...