Criminal Law Questions? Ask a Criminal Lawyer.
I apologize, please disregard that prior posting. I had submitted it for the wrong customer.
My name is ***** ***** I would be happy to provide general information regarding your legal question.
You would have the right to appear Pro Se and request that the Court terminate your probation early. As you may imagine, however, the request may fall on deaf ears as a similar request made by an attorney may be given more consideration by the Court.
The Courts generally do not like to terminate probation early. Even assuming an individual has complied with all terms of the probation at the time of early termination request, an inherent condition of probation is to avoid any further legal problems during the period of probation (here, it would be 5 months). If the Court terminates your probation early, they will not longer have jurisdiction over your matter. Meaning, if you were to be arrested days after the termination of your probation, the Court cannot revoke your probation or violate your probation due to this arrest. This is important because Courts, when granting probation, want to see individuals stay out of trouble (which is, in fact, a requirement of probation). Once the Court terminates the probation (either early or as scheduled), they cannot hold you accountable for any subsequent violation of law (which the Courts want you to avoid).
Any questions based on what I have provided thus far?
Letters from defendants to the Court are highly frowned upon and will not be read at all. This is because the State is entitled to a) notice that you communicated with the court and b) a copy of any document you file or submit to the court.
The fact that you have no criminal background does not play any role in whether or not probation should be terminated. The factors that are taken into consideration is: 1) the progress of the defendant during the probation; 2) whether or not any outstanding requirements have yet to be met under the terms of the probation; and 3) most importantly, the reason for the early termination request.
However, if you need permission to leave the jurisdiction briefly for work purposes, you can request that the Court grant you permission to travel for work. Ultimately, the Court can overrule the PO's denial of your request to travel.
Here, the fact that you have met the terms of probation and have not been in trouble would more likely lead to the Court granting you permission to travel for work. The Courts realize that people often have to leave the jurisdiction for work purposes and, as long as everything relating to your probation is going well, will often grant permission to allow one to leave temporarily to go to work.
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