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Blog · August 19, 2015

Can I tell the Judge the truth that the police officers falsified the reports when I go to finish my probation early? ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Can I tell the Judge the truth that the police officers falsified the reports when I go to finish my probation early?  I was charged with Battery on a Law Enforcement Officer in June 2013. I attempted to tell the Judge that the police officers falsified the reports when the case was open but my public defender at the time gave me her opinion, so I didn’t say anything.   My probation term is 2 years, however, I want to be finish with probation earlier than that. If I’m taking the bait, is it only fair that I request a misdemeanor conviction instead of a felony? I received a 3rd degree felony with adjudication withheld but it still is seen as a conviction even though I have never been convicted.
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James Patrick Stanton Jr.
James Patrick Stanton Jr.
Criminal Defense Attorney – Clearwater, FL

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Best Answer
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Answered . I think that you are confused.

Your case is closed. You pled guilty (or no contest) and are on felony probation. There is no requesting a misdemeanor conviction. If you were not guilty then you should not have entered a plea and should have gone to trial. There are no “do overs”.

I would very strongly suggest that if you are asking a Judge to exercise her / his discretion in granting you early termination (“ET” – (which is what you are doing – asking, and the Judge is under no obligation whatsoever to oblige you) that you not mention anything about police misconduct or try to minimize or redirect blame…. again, you pled guilty (or no contest) and proclaiming innocence would be counterproductive to your immediate objective.

Insofar as ET is concerned, once again, the issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court – that is to say that the Judge is free to say either yes or no without fear of appellate action… it is entirely the Judge’s call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc… all of these intangibles can effect the Judge’s attitude and ultimate decision.

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 any 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.

Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm.

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.) 
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.

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. 

Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 

​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!

At Michael A. Haber, PA “it’s all about reasonable doubt”!





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