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Q:  Can I early terminate admin probation?  I was originally on 4 years of probation I violated probation 2 months in with a dirty UA for marijuana I spent 60 days in jail and my… Scroll down to read more!

Q:  Can I early terminate admin probation?  I was originally on 4 years of probation I violated probation 2 months in with a dirty UA for marijuana I spent 60 days in jail and my probation was modified to a 2 years 7-7 curfew and 2 years reg I’ve completed the 7-7 part with NO more violations and was now on my reg part of probation.. I went to court 8 months ago and the judge changed my regular probation to Administrative probation where I don’t have to report to an officer any more. My question is should I try to try to terminate the administrative part it’s been almost 9 months since I’ve been on admin and I have 14 months total left on probation out of 48.


A:  

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/can-i-early-terminate-admin-probation-1918645.html?answered=true#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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Answered On the issue of ET (early termination) and conversion, absent a provision to the contrary (i.e. a sentencing condition requiring either “no ET” or “ET only after _________”), matters of ET and conversion are entirely up to your Judge.

This is so as ET / conversion matters are 100% discretionary with the Court. There is no legal requirement that a Judge grant either and, similarly, there are no mandatory criteria for a Judge to do so. Still, if there is an unwritten rule then it s this: ET / conversion will generally NOT be granted until at least 50% of the CC / probationary term has been successfully (without allegations of violation) served AND all conditions having been completely satisfied. Again, this is not set in stone, but it is a generally reliable guideline.

You best bet at securing either an ET or a conversion is to wait until you have successfully hit the half way mark of your alternative community supervision, be compliant and current in all obligations and have no (none) outstanding conditions (financial or otherwise). While your prior violation may result in the Judge denying your request, still, there’s no harm in asking.

In addition, having a skilled and experienced criminal defense lawyer first communicate with your CCO / PO and with the State (in a effort at first securing an Agreed Order) and then preparing, filing, calendaring, noticing and, if necessary, litigating a comprehensive packet of materials intentionally designed for maximum persuasive impact, will exponentially increase your odds at achieving your ET / conversion objective.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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