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Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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Can you go to court and aSK TERMINATION OF PRObation on your

Customer Question

Can you go to court and aSK FOR EARLY TERMINATION OF PRObation on your own. Or do you have to have an attorney. 7 out of 12 months completed for a misdemeanor diversion. Have completed perfectly with no slip ups or mistakes.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 10 months ago.

I apologize, please disregard that prior posting. I had submitted it for the wrong customer.

Expert:  Legal-Kal replied 10 months ago.

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?

Customer: replied 10 months ago.
55 year old woman with NO criminal background who takes a legally prescribed med with full documentation from my doc and they just keep jerking me around - like they want to catch me at something - they can't - I have nothing to hide. PO refuses to let me take very brief business trips for work - will lose job if I cannot travel - she says the court has to approve it. the court says she has total discretion....discouraged - I don't have thousands to take my PO to court because she is lying. Can I send a letter to the judge, or is this frowned upon?
Expert:  Legal-Kal replied 10 months ago.

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.

Expert:  Legal-Kal replied 10 months ago.

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.

Expert:  Legal-Kal replied 10 months ago.

Just a reminder, if you have questions, please ask. If not, please remember to click ACCEPT and rate my assistance as experts here assist customers for a living and do not do this as a hobby and do are not compensated until a customer accepts and rates an answer. Thanks!

Expert:  Legal-Kal replied 10 months ago.

A heads up, if you have no follow up questions, please click ACCEPT as that is the only way I will be credited for assisting you today. Thank you.

Expert:  Legal-Kal replied 10 months ago.

Please remember to click ACCEPT and RATE my assistance positively as that is the only way I can receive credit for assisting you. Your cooperation in this regard would be greatly appreciated. Thank you.