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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney
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I am trying to get a job in Hawaii and I had two previous DUIs

Customer Question

I am trying to get a job in Hawaii and I had two previous DUIs in Alaska. My probation ends in 2013. Is there any way to get the time reduced?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

By getting the time reduced, you are referring to the length of probation?
Customer: replied 3 years ago.
Yes, I am referring to getting the length of probation reduced. I have completed all aspects of what the court required of me except the probation time. I moved away from Alaska two weeks ago but I still have three more years left on probation (expires Dec 2013).
Expert:  Brandon M. replied 3 years ago.
When were you originally convicted of each of your two DUIs?
Customer: replied 3 years ago.
I was convicted of my first DUI in March 2008 and my 2nd one in Dec 2008. First one had a probation period of 3 years and the 2nd one had a probation period of 5 years (until 2013). I need to get the 2nd one reduced if at all possible.
Expert:  Brandon M. replied 3 years ago.
It is certainly possible to get a reduction in the length of a probation sentence, but you have to understand that probation is part of a sentence and there is no automatic right to having the sentence reduced. Given that you are barely two years off the second conviction, I wouldn't be doing my job if I didn't tell you that you are a poor candidate for reduction at this point. I apologize for being blunt, but the state would likely regard you as a high risk for recidivism at this point and they are going to therefore be disinclined to let you off the proverbial probation leash. If I was the court, I might consider it toward the end of 2012, but although every case is different, your odds would generally be very poor at this stage. Again, I don't have a crystal ball, but I just want for you to be prepared.

You would want to contact your probation offer to discuss getting them on your side for the recommendation. If the probation officer is willing to back you up, or at least not stand in your way, your chances would improve drastically. Thereafter, you would need to file a motion for early release. The motion will be heard by the court and the court will render its decision based on the totality of the circumstances.

I hope that this helps.
Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Brandon M. replied 3 years ago.
I saw that you marked the question for want of answer quality. Where is the perceived deficiency? Is the problem that you are unhappy with the law and the courts, or that the answer is lacking in detail? I cannot control the law or the courts, but I can provide more detail if you let me know where more information is needed.

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