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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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can i get off probation early on a 3 year supervised with 2

Customer Question

can i get off probation early on a 3 year supervised with 2 years remaining
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JD replied 8 years ago.
What state? What were the charges? Have you completed all conditions (public service, restitution, fines, etc)?
Customer: replied 8 years ago.
new mexico was arresting state possesion of marijuana 100kgs or more did 17 months out of 20 no restitution fines etc just suppervised probation how can i get off this early i now live in georgia
Expert:  JD replied 8 years ago.
Was your probation transferred to Georgia?
Customer: replied 8 years ago.
yes it was i report to a probation officer in georgia
Expert:  JD replied 8 years ago.

You'll have to file a motion for release from supervision in the sentencing court.


Being in another state makes it more difficult but more likely to be successful in my experience. The key is to get the written recommendation of your probation officer. If your probation officer in Georgia, your employer, your family, and any other references will write the court a letter recommending that you be released from supervision and all other conditions have been met then the court will often look favorably on your request.


The only thing I see working against you here is that judges will want long periods of drug testing on narcotics convictions. This makes it all the more important that your probation officer writes you a recommendation letter.


There is not guarantee that you will be released, but filing a motion to be released from supervision in the sentencing court (New Mexico court) is how it can be done. It will be best to use a local attorney to handle the paperwork and court appearance and in my experience you would have more likelihood of success with a personal appearance on your court date. Hopefully the judge will look at you, the recommendations, and your institutional and supervision record and see fit to release you from active supervision. In your motion you should also include reasons for wanting off supervision (conflicts with work, financial burden, etc).


Please reply if I can assist further.



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Customer: replied 8 years ago.
whats the best way to go about this without the probation officer having a say or should i
Expert:  JD replied 8 years ago.
I have never seen anyone released from supervision without the recommendation of their supervising officer (or at least their consent) unless there is an extraordinarily compelling reason. The judge doesn't know how you've done on probation and will rely on them for that information. If you don't have their blessing yet I would wait until I did before filing the motion. Have you spoken to them about this?
JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
no but i wanted to arm myshelf with other ammo first i havent mess up on probation but we dont see eye to eye
Expert:  JD replied 8 years ago.

Good luck.