Call me confidentially, 24/7 1-888-SHARK-8-1 Español

Blog · October 13, 2014

ET Probation / Early Terminate Probation / Early Termination of Probation / Motion for ET / Court / Judge / PO / Motion / AVVO / MIchael A. Haber, Esq. **ARRESTED / **305DUI

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:  

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” 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; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; cursor: pointer; display: inline-block; font-size: 11px; line-height: 1.2em; outline: 0px; transition: all 0.3s ease;”>Licensed in FL

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

Criminal Defense Attorney – Miami, FL

Contributor Level 20

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.) 



“Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world, and all there ever will be to know and understand.” (~ A. Einstein)

“Creative defense lawyering demands the skilled use of imagination.” (~ M. A. Haber, Esq.)

Michael A. Haber, P.A.: Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”.

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the “Like” button:  www.facebook.com/haberpa 

More from the blog

All blog posts →

Request a free case evaluation

It's all about Reasonable Doubt!

#HaberPA has been providing boutique Criminal Defense, DUI, BUI, Domestic Violence, Probation Violation, Seal and Expunge, and Victim Rights Advocacy representation since 1991.

When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!

Call toll free 1-888-SHARK-8-1

Footer Contact Form
Call 1-888-SHARK-8-1 free consultation