Monday, October 12, 2015

Can you Early Terminate your Probation / Community Control? If so then how? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can I get my probation sentence off before early term?  When I was 15 I got charged as an adult for Attempted Carjacking, and Plead Guilty, I went to prison for 2 years followed by 4 years felony probation, I'm 18 now, I Got out of prison last year but in the last year I've gotten my GED, Started college, Got a job, bought myself a car, I've Passed Every Drug Test and almost done paying off my probation, When I violated probation for a marijuana pipe that was my brothers. While there's not any evidence saying that it's mine there's no evidence saying it isn't so my PD told me to take whatever they were offering so I did witch was modifying my 4 years probation to starting over and doing a year community control followed by 3 years felony probation can I get the probation off my sentance if I go back to court? I think I've done enough time on this.


A:     Chosen as "Best Answer" by Asker on www.AVVO.com
Licensed in FL



Best Answer
chosen by asker
Answered . The issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court - that is to say that the Judge is free to say either yes or no without fear of appellate action... it is entirely the Judge's call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc... all of these intangibles can effect the Judge's attitude and ultimate decision.

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 any 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.

Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm.
Please take a look at both my AVVO Legal Guide on Probation / Community Control in Florida and my YouTube Webisode on Probation Modification (for your convenience links to both follow) as they contain information which may be of assistance to you:
AVVO Legal Guide:  http://habercriminallaw.blogspot.com/2015/07/michael-haber-pa-webisode-on-probation.html
YouTube Webisode:  https://youtu.be/E8Mu8mxC04w -
I hope that I have been helpful in answering your question.
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.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

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 OF 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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