I'm on probation for another 1 yr n 4 months and want to get a business started so I want my probation terminated so I can move around and promote and get things done
That might depend on how long you have been on it so far, and whether you have any prior record, and also whether you have been successful on probation. Even then, most people would wait until their probation was at least half over to try it.
Some considerations might be if you have kept on top of your community service requirements, paid all fees and fines, and done what was asked by probation, including any programs, counselling etc.
If you have skill, training, or experience in the line of business or education that could be a factor. However, if getting off probationbw as as easy as starting a business everyone would do it. You have to distinguish yourself by demonstrating affirmative steps like a business name, or website, or development of promotional materials etc. Still, since the state receives money when you are on probation, they may not be eager to let you go so fast.
It is hard to provide more concrete information becasuse a lot might depend on your conviction and proposed business. For example, if you were selling drugs, they won't let you off the hook to own an ice cream truck or a business that travels like landscaping. If you were on probation for domestic violence or OUI and you completed your programs ordered by the court, it might be useful to have aletter from a counselor supporting your recovery, or saying you were an engaged and active participant. What I would put together might be different from another lawyer, but it would be fact specific to your offense and terms of probation, factoring in your proposed business. This is a situation where some strong advocacy might help- there are many of us here on Avvo that could help you, and many good lawyers in your area as well. Good luck!
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Attorney Lissa McKinney is licensed to practice law in Massachusetts and this post is provided for general informational purposes;no attorney client relationship is established by this information. Lissa can be reached at 781-329-3373 if you wish to consult more specifically. General information is not a substitute for the advice of an attorney specific to your case, facts,location and Court. Lissa McKinney handles all criminal cases, restraining orders, harassment orders, motor vehicle violations, traffic tickets, drug offenses etc., as well as a consumer protection cases, unemployment hearings, license to carry (LTC) firearm appeals,
I would consider retaining counsel to advise you on the specifics. The timeline of your probation, the conditions, and your specific circumstances will impact the best way to approach a motion for early termination.
Sorry, but I am not as optimistic as Attorney McKinney. The court orders Probation for a certain period of time for a reason. Their reason for your length of probation will trump any reason you may give. Your very question is vague "move around, promote, get things done". Do you have any concrete idea what it takes to start a business? Do you have a business plan? Your fishing for an escape clause, but it will not work. The court's restrictions on your "moving around" maybe a hindrance to you, but that is probably exactly what the court wants to do.
It is difficult to answer with the information you have given.
If you have complied with all the terms of your probation contract, reporting, paying fees/ community service, and all other terms, you may have a good case to present to a judge to terminate your probation early.
The courts are overloaded with cases. If you work with your lawyer, probation officer, and the court to present a logical, reasonable, and realistic argument for early termination, the court may be happy to end your probation and free up resources for the overload of new cases.
If you polite, prompt, respectful, and honest to everyone in this court process, your time spent in court and results will always be better than those who complain, blame others, make excuses, and act as though the court system, lawyers, judges, probation, and Commonwealth of Massachusetts owe them countless breaks... just because.
Good Luck and I hope you are successful in your motion.
The information provided in this forum is neither a solicitation for legal representation nor an offer of specific legal advice on this matter. The reader should consider seeking professional counsel before taking any action or forgoing any action or decision on this or any related matter.
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