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Early Termination of Probation & Felony Expungement
Anonymous1 views2 answers
I was convicted of a DUI in 2007 and Felony Assault. I was sentenced to 2 years jail suspended with 1 year probation, but violated 10 months later with another DUI. I was then sentenced to 6 months jail. I was told I would be able to get 1/2 time, but at the last minute the judge made the 6 months mandatory. That was enough time to really screw up my finances, job and life. 1 year later I have cleaned up my act and actively pursued completing the conditions of my probation. I am currently on Administrative Monitoring ("AM") and have sent copies of all my documents proactively. AM has not returned calls for a letter. I want to terminate my probation early. Should I make the Motion myself or have a lawyer do it? A good lawyer in the New Haven area? Lastly how do I apply for Expungement? Thx
It is always wiser to have an attorney represent you in a criminal court because you will be going up against a trained attorney in the prosecutor. In your case, this is even more advisable. Given the fact that you are asking the court do something early, you are likely to encounter an objection from the State's attorney, and you will want an experienced advocate who is prepared to research, draft, and file the appropriate paperwork to give your motion for early termination the best chance of success.
Applying for expungement is a separate, more involved process that you are also wise to hire an attorney to pursue on your behalf. In your case, it is too early to apply for expungement at this point, and an experienced attorney in this area could guide as to the things you should be doing so that in a few years, when you are eligible to apply for expungement, your application will have the best chance for success. Also, there are different types of expungement (some for work only purposes, some for all purposes) and an experienced attorney in this area could help you decide which type suits your needs.
Feel free to contact me if you have further questions about this.
Paul E KnostCriminal Defense AttorneyTolleson, AZ ·
I agree with the above statement. Keep in mind that laws vary from state to state.
I strongly recommend that you consult with an experienced lawyer IN YOUR COMMUNITY and have a confidential discussion about your circumstances and options for resolution.