Wednesday, December 16, 2015

Can I get my Community Control / Probation Modified / Early Terminated? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Will They modify my Community control or Terminate?  If I'm on community control for 2 years and I have completed everything and more I was wondering if at my halfway point would they MODIFY my community control onto regular probation or would they TERMINATE my community control onto regular probation?  My judge apparently made a rule in his court room to not Terminate anyone's probation/community control.  What do I do?


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

Licensed in FL



3

Lawyers agree
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 Blogpost and YouTube Webisode on Probation Modification in FL (links are attached below for your convenience) as they contain additional information on the subject which may prove helpful to you:

Haber PA Blogpost on Probation Modification in FL: http://habercriminallaw.blogspot.com/2015/07/michael-haber-pa-webisode-on-probation.html 
Haber PA YouTube Webisode on Probation Modification in FL: 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.)



​Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.


Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. 


Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 


​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!


At Michael A. Haber, PA "it's all about reasonable doubt"!






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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