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Can I speak directly to my judge, instead of going to my PO to get off of probation early?
Anonymous3 views3 answers
I am currently on probation since march for an OWVI, first offense. I violated my probation, like an idiot, by failing a breathalyzer on memorial day. I've had an in home unit for the past month for my penalty, and have passed every test. I am done with everything else required of my probation, and am looking to get off early. My PO seems to be a stickler for the rules, and I feel like the judge would be more understanding of me wanting to move on with my life. Any chance of this happening or have you heard of this happening?
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
To be a good probationer, keep your PO happy. Ask your PO if he/she would not object to an early tremination of your probation when the time is right. If they object, conatct your lawyer to evaluate your chances in front of the judge if a motion is filed. You should not do this without counsel, especially in view of your recent violation. Talk with your attorney.
A judge will not talk with you without the DA being present in the courtroom. That is a prohibited ex parte communication. POs are normally stickler's for the rules, as they and the judge view probation to be a privilege instead of a right. So, I do not necessarily know that the judge would be more understanding. I would consult with an attorney in your area who has a read on the judge and hire the attorney to file a motion to terminate probation early to have a decent chance.
Probation is all about discipline. That is why it is deliberately burdensome. Avoiding your PO and going straight to the judge undermines the chain of authority. That shows a lack of discipline. Respect your PO and go to him and discuss it. Although your PO works for the government, he is not necessarily your enemy. His job isn't to make your life unnecessarily difficult and try to get you to violate so he can throw you in jail. His job is to make sure you comply with your probation. Your PO can either be your best friend or your worst enemy. It's your call.
As Mr. Mascagni pointed out, keep you PO happy. The judge will be more likely to take a PO's recommendation than a request by your attorney. Your attorney is paid to advocate for you. A PO will only advocate for you if you deserve it. If you undermine your PO I would imagine you're not going to get a great recommendation.
