Q: Unsuccessful termination of felony probation?
I'm supposed to get off of probation in Dec. My officer is violating me for not finishing up the payments and for a couple hours of community service. I'm also on a two year suspended sentence . I have talked to him and talked to him about why I haven't been making my payments or doing the 18 hours of community service I have left. I have some pretty serious health issues which isn't allowing me to work so I'm not able to pay anything. I've filled for disability and that's taking a long time. So will I have to do the two year suspended sentence I have or is there a good chance of the judge letting me off?
A: Perhaps is the most accurate answer I can provide. Much depends on the judge's temperament, how cooperative you've otherwise been with your PO and what the prosecutor view is of you. Do you have a significant criminal history? That will be very influential to the judge and prosecutor. I suggest that you get ahead of this after by securing a local criminal defense attorney who can file a motion to terminate probation BEFORE you are violated. This attorney can best plead your case to the judge. Don't wait on this or you'll likely be violated and waiting a month or more in jail for a hearing. Good luck!
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