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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16020
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Do you think it would be feasible to ask for release from probation

Customer Question

Do you think it would be feasible to ask for release from probation after 5 years (right now it is at 10 years). If so, when would be an appropriate time.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hi,

In general, while you can always ask, it's something that won't work unless certain conditions are met, the more the better. You would need to have completed all of the special conditions of your probation and owe no outstanding fees or any kind of restitution. From there, courts don't usually seriously entertain such a motion unless a probationer has served more than half of his sentence and his PO is recommending the release.

So if he/you has the conditions complete, he should speak to his PO first. If his PO says, "No Way, " he could have his lawyer bring the motion, but it's likely going to fail. If his PO says, "Wait a bit longer and I'll recommend it," he should wait for the recommendation unless there's some special reason he needs this to end earlier. (A job out of the country, eg)
Customer: replied 3 years ago.
I believe his PO has told him that he should def ask at 5 years. I also believe that the PO doesn't just recommend it anymore (something that has changed recently) I am sure that if the PO has a positive recommendation that will only help. All court fees have been paid and classes taken. He actually owns a house and has a full time job so hopefully that would also help. Any other suggestions you have would be appreciated. Thank you!
Expert:  Zoey_ JD replied 3 years ago.
Hi,

Nope. All of this sounds very good to me. He should do this through his lawyer if probation won't put it on the calendar for him. But as long as probation doesn't oppose it, he stands a good chance based on the information that you've provided me.

Good luck!
Customer: replied 3 years ago.
Thank you for your help and if you can think of any other suggestions of what he can do to help his cause, I would appreciate it!
Expert:  Zoey_ JD replied 3 years ago.
Hi,

Sorry for the delay. I really don't see anything else at this point. Looks like the bases are pretty much covered. But if anything else occurs to me, I'll post something.

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