Sure, there is nothing that would prevent you from doing it yourself although your lack of professional familiarity with the prosecutor might hinder you with getting their approval.
Obviously the first step would be drafting the motion. The court will weigh and consider all the circumstances of the case. Some of the considerations are:
How serious was the conduct leading to the conviction?
Has the person completed all the terms and conditions of probation?
What is the extent (or lack) of the person's additional criminal record?
Is the probation preventing the person from gaining employment or other benefits?
What is the prosecutor's position on the matter?
Been an exemplary probationer, AND
Completed all of your community service hours, AND
Fully paid all fines and restitutions, AND
Met all conditions of probation: Including: community service, classes finished, AA's attended, and, etc.
Here is a sample form you can modify:
NO. (Cause No.)
|THE STATE OF TEXAS |
|IN THE COUNTY CRIMINAL |
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
MOTION FOR EARLY RELEASE FROM PROBATION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, (Defendant's Name), and moves for early release from probation and would show the following:
On (date), the Defendant was placed on deferred adjudication for the offense of _________________, for a period of _____ years.
Defendant has successfully completed one-third of his probationary period and is therefore eligible for early release.
Defendant has satisfied all terms and conditions of his probation. All fines and restitution have been paid and all community service has been preformed.
Defendant is actively employed by _________________________.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be granted.
|Respectfully submitted, |
(Attorney's Name, Address, Bar Card No.)
ATTORNEY FOR DEFENDANT (Name)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Early Release from Probation was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of _______ , 200___.
You would simply put your name where the attorney's name is and "pro se" after it indicating that you are representing yourself. You also need to find out who the prosecutor was in your case for the certificate of service. You can add to this form additional reasons why the judge should grant your motion if you wish.
After you get it done, you would take it to the court clerk and file it for the judge's next motion hour. In the meantime, you would need to set up appointments to talk to your PO and the prosecutor to see if you can get them on your side or at least not actively oppose your motion.
The day of the motion hour, you basically show up nicely dressed in a suit if you have one, dress shirt and tie if not and wait to explain to the judge why he should release you from the probation. The judge will listen to both sides and make a decision.
I hope you have a better understanding of your legal issue. If the information given answered your question, PLEASE CLICK THE GREEN "ACCEPT" BUTTON NOW, so that I receive credit for my work. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
Edited by Matt on 4/5/2010 at 8:54 PM EST