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My PO telling me she sent letter to judge asking for a early termination paper but not file motion, will i still get off early?

Las Vegas, NV |

She telling me that she sent him a letter of doc, that show i complete what he ask for even though i got it done half of my probation time. I ask her about a file motion. She telling me i don't have to. All he has to do is sign the paper if he say yes to let me off. Do you think my probation officers doing this right? My public defender is telling me to wait and just do what the probation officers telling me.

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Attorney answers 1


Short answer: it depends. Judges are free to utilize whatever procedures they see fit, as long as they fit within the rules of practice that apply to that jurisdiction. In this case, a Judge could place a motion hearing on calendar based on the notice from your PO. In that case, your Public Defender would be there to close your case. Some Judges will not hear an issue unless prompted.

This is my advice. If a lot of time passes without any word from the court or your public defender, hire private counsel to file the motion. If you hired private counsel to file a motion, you will definitely get on calendar and the case will likely be closed. Be careful, because this is where people sometimes fall through the government cracks. It would be relatively inexpensive to hire private counsel to do this one motion.