Many people experiencing problems or difficulties with the terms of probation feel as if one simple modification would make all the difference. That may be a move from supervised probation to unsupervised probation but it could also be as simple as allowing for drug testing at a facility closer to their house or place of work. I can help in these situations.
It is likely that the court will only consider a move from supervised probation to unsupervised probation if:
- The probationer has completed at least half of the original probationary period.
- The probationer has not violated your probation up to this point.
These are the same requirements I list when discussing a Motion For Early Release From Probation Simply put, some cases do not have a very high chance for a complete release from probation. This may be because of the charge, the judge, criminal history of the probationer, or problems on probation that did not quite rise to the level of a probation violation. In these cases you stand a much higher chance of success by simply asking for Unsupervised Probation rather than removal from probation all together. If this is the route you want to go we would file a Motion For Unsupervised Probation and an Affidavit In Support outlining the reasons we believe supervised probation should be ended. If it is a felony case, the court will likely require a hearing on the motion. At that hearing we will have another opportunity to make our argument and the court will have the opportunity to ask any questions it deems necessary.
On the other hand, if you just wish to ask for the modification of some term of probation the same requirements listed above would not apply. Don't get me wrong, you can't realistically expect the court to do you a favor if you are continually violating probation but one violation might not completely end your chances of success. In these cases we file a Motion for Modification Of Probation along with an Affidavit in Support outlining why you wish for the modification. We would appear at a hearing on the motion and the judge would decide.
In any case where we are asking probation to be modified Probation And Parole is given 30 days to respond. This means that a month is the quickest anything can be accomplished and often it takes 45 days or longer.
If you would like to discuss probation modifications, give me a call. The process is typically straightforward and cost effective.