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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 34351
Experience:  16 years practicing criminal defense.
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I was sentenced to 2-years of probation in MICHIGAN felony.

Customer Question

Hello. I was sentenced to 2-years of probation in MICHIGAN for a felony. The judge transferred the probation to TEXAS. I've completed more than half the probation, and am in compliance with the court order in every aspect (i.e. paid all fines, no contact with anyone forbidden, attended an anger management class, etc...).
My probation here in Texas stated that since she now supervises my sentence, that she would support a motion to discharge probation immediately, and would also assist in the expunction process of my record.
Is she correct and can I petition TEXAS court for probation discharge and expunction?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

Expert:  Barrister replied 7 months ago.

Is she correct and can I petition TEXAS court for probation discharge and expunction?

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No, TX wasn't the conviction state so they have no power to expunge the conviction. This would have to be done in Michigan where the conviction occurred. As for the probation, if TX is just basically supervising the probation for MI, then they don't have the power to discharge and end it. The receiving State can only make a recommendation...it is up to the sending State whether they want to terminate early or not.

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thanks

Barrister

Customer: replied 7 months ago.
Thank you! The judge and prosecutor were very concerned regarding my health. The prosecutor approached me post-sentencing, and told me she would "pray for me and even hugged me." (No doubt a hyper unusual situation.) Would it be appropriate to send a very brief note to the prosecutor to notify her of both my health, since she asked to be kept updated, and my forthcoming of a Motion to Discharge Early?
Customer: replied 7 months ago.
Are you still there?
Customer: replied 7 months ago.
Barrister, can you respond to my inquiry? It is paramount.
Expert:  Barrister replied 7 months ago.

Sorry for the delay..

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Would it be appropriate to send a very brief note to the prosecutor to notify her of both my health, since she asked to be kept updated, and my forthcoming of a Motion to Discharge Early?

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Definitely. If you were to get the original prosecutor behind you, you might even be able to file your petition for early discharge in MI remotely if there is no objection by the prosecutor. Then the judge can simply approve it in chambers and sign off on a formal discharge order releasing you from probation.

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thanks

Barrister

Customer: replied 7 months ago.
Thank you so very much, you've been 'excellent' and I'll add a more money for your continued support.
Kindest regards, Jeff
Expert:  Barrister replied 7 months ago.

You are very welcome. Glad to help any time..

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All the best to you and yours.

Barrister