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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am trying to get off probation. i am pregnant and have

Customer Question

I am trying to get off probation. i am pregnant and have served 6 months of a 1 year term. i have paid all of my restitution. they took away my early release because i got incarcerated for two weeks in July 2016. can i still get off
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. You can attempt to ask the Court to be released early, but it would be up to the Judge. What someone in your situation wants to do is to file a Motion for Early Termination of Probation with the criminal court overseeing the probation.

Under New Mexico Statutes 31-21-21, the Judge has discretion to release someone early. The Judge will normally want you to have paid off all fines, taken all classes, and served at least 2/3 of the term. But the factors are subjective. You also should not have had any issues with the probation. The Judge may or may give you extra leeway due to pregnancy if someone in your situation can show how the probation is making it difficult on you and/or endangering the pregnancy.

An attorney is not mandatory, but is highly recommended.

Good luck.

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