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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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I am in the 4th year of a 5 year probation sentence...I am

Resolved Question:

I am in the 4th year of a 5 year probation sentence...I am in a serious relationship with a woman in Canada and planning on moving there ...will my probation be an issue and what is the best way to get an early discharge?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JD replied 6 years ago.
Why are you on probation? Do you have any other criminal record (other than the current sentence)? What is your probation officer's opinion of you? Do you have any unresolved conditions (restitution, public service, fines, costs, etc)?
Customer: replied 6 years ago.
a drug charge in 2005, no other criminal record, no prison time for the offense...I do not have a probation officer...I check in once a month electronically and have been since being sentenced to the 5 year probation...I was a model citizen before the arrest and ever since
Expert:  JD replied 6 years ago.

In that case you should realize this will be up to the sentencing judge and it is entirely discretionary. You will want to file a Motion for Early Discharge from Probation. In order to increase the likelihood of success you should have a local attorney put this together for you.

 

Basically it should contain a summation of the conditions you've completed if applicable (4 years, successful drug screens, fines paid, public service done, etc). Next it should include the things you have done to better yourself since the time of sentencing (rehabilitation, education, job performance, social and family relationships, religious affiliation, etc). You want to show the judge that the probationary period has worked, that you are rehabilitated, and that you will not be a problem in the future.

 

Please reply if I can help further.

 

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