Tuesday, October 28, 2014

How do I file a Motion to ET my House Arrest & convert to Probation? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I was sentenced to 2 years of community control in Indian River County and want to terminate early?  I am serving this probation in Palm Beach County. At the suggestion of my P/O I can now file a motion to terminate my probation early since I have served 14 of the 24 months. I was told by the PD's office that i can do this Pro Se. What is the correct motion to file?


A:     Chosen as "Best Answer" by Asker on AVVO!


Michael Adam Haber

PRO


Contributor Level 20

9

Lawyers agree

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Answered Not that I ever recommend you doing this yourself and without a lawyer, but, still, here's some language for you....

COMES NOW the Defendant, ___________________, pro se, who hereby files the instant Motion for Early Termination of Probation, respectfully requesting entry of an Order in conformity herewith and as grounds heretofore avers as follows:


1. On or about ___________________ this Honorable Court the sentenced the Defendant to serve 24 months of reporting probation.

2. The Defendant, having served more than half of his probationary term, and having complied with all conditions thereof, is now eligible for such early termination.

3. Upon information and belief, he Defendant's probation officer, ______________________, (____ tel #_________), does not object to the instant motion.

4. Therefore application for the Early Termination of Probation, as well as a request for Hearing hereupon, is hereby respectfully made.

5. The instant motion is made in good faith, with no improper motive and for no improper purpose.


WHEREFORE, the Defendant, ___________________, respectfully prays for entry of an Order in conformity with the relief herein sought., to wit: Early Termination of probation.

Make sure to file the original and provide a copy to the State Attorney's Office. After you file it make sure to call the Judge's Judicial Assistant and ask for a hearing date. Note that some JA's can be a pain in the a** so be sure to follow the rule of the 3 "p"'s (be patient, pleasant and polite) when you speak with her/him and you should be just fine. Once you get a hearing date and time then you will have to file a Notice of Hearing and copy the State on that as well.

I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)




At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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