Monday, October 13, 2014

ET Probation / Early Terminate Probation / Early Termination of Probation / Motion for ET / Court / Judge / PO / Motion / AVVO / MIchael A. Haber, Esq. **ARRESTED / **305DUI

Q:  Can I early terminate admin probation?  I was originally on 4 years of probation I violated probation 2 months in with a dirty UA for marijuana I spent 60 days in jail and my probation was modified to a 2 years 7-7 curfew and 2 years reg I've completed the 7-7 part with NO more violations and was now on my reg part of probation.. I went to court 8 months ago and the judge changed my regular probation to Administrative probation where I don't have to report to an officer any more. My question is should I try to try to terminate the administrative part it's been almost 9 months since I've been on admin and I have 14 months total left on probation out of 48.


Michael Adam Haber


Contributor Level 20
Answered On the issue of ET (early termination) and conversion, absent a provision to the contrary (i.e. a sentencing condition requiring either "no ET" or "ET only after _________"), matters of ET and conversion are entirely up to your Judge.

This is so as ET / conversion matters are 100% discretionary with the Court. There is no legal requirement that a Judge grant either and, similarly, there are no mandatory criteria for a Judge to do so. Still, if there is an unwritten rule then it s this: ET / conversion will generally NOT be granted until at least 50% of the CC / probationary term has been successfully (without allegations of violation) served AND all conditions having been completely satisfied. Again, this is not set in stone, but it is a generally reliable guideline.

You best bet at securing either an ET or a conversion is to wait until you have successfully hit the half way mark of your alternative community supervision, be compliant and current in all obligations and have no (none) outstanding conditions (financial or otherwise). While your prior violation may result in the Judge denying your request, still, there's no harm in asking.

In addition, having a skilled and experienced criminal defense lawyer first communicate with your CCO / PO and with the State (in a effort at first securing an Agreed Order) and then preparing, filing, calendaring, noticing and, if necessary, litigating a comprehensive packet of materials intentionally designed for maximum persuasive impact, will exponentially increase your odds at achieving your ET / conversion objective.

I hope that I have been helpful in answering your question.
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