I have served 3 years and 3 months of my 5-year probation term. I have completed my community service hours and have paid restitution in full. This was my only offense (PC 487 (a) grand theft of property over $400) which by the way is a non-violent crime. I have no arrests or any negative contact with the law enforcement. I have no violation and have maintained my monthly reporting to the probation officer. I am only required to report by phone once a month. My case was transferred to this probation officer 5 months ago. I requested for an early release but she dismissed it right away. She said she would not allow it and that I will just have to finish the remaining term of my probation.
My husband is in the military and me and my son could not join him to his place of assignment because I'm still on probation. He drives for 8 hours weekly just so he could see us. I also want to get a decent job so I could help my husband pay off the loan we took to pay off restitution. Also, we wanted to be able to see our parents overseas whom we have not seen for more than six years now. My previous probation officer was sympathetic to my case and she told me to just go straight to court.
Is it up to the judge to grant an early release? What should I do now that the probation officer does not want to give her approval. I have not met my new probation officer, just talked to her once to request probation termination. do I have a shot in getting it approved? Thank you very much.

excon

Hello aldino:

It doesn't surprise me that your PO has taken that stance. Of course, the PO is full of crap, and a liar to boot. Again, that's not surprising. Having been on probation, you shouldn't be surprised either.

So, you're going to have to do this yourself. That's fine. Probation officers aren't in the favor business. That's cool too, because in the end, you AREN'T going to be asking for any favors. You're going to be asking them to DO their jobs!!!

They're not the only ones who can play hardball. You can too. They don't like it one bit, either. They'll resist. They'll retaliate. They'll obfuscate. So, you need to protect yourself. You do that by doing ALL your correspondence with them regarding this issue, in writing from now on. If you happen to have a conversation on the phone with them about it, follow it up with a letter outlining the conversation. Send your correspondence certified, return receipt requested.

In your first letter, politely ask for the written policy and procedures manual for her department. She may not know that one even exists, because it's clear that she's never read it. However, I suggest that they DO have one. Don't let them tell you otherwise.

Once you have that document in your hand, you should find a chapter on early release. In it, you'll find the criteria for early release. From what you've related, I'll bet you already MEET the criteria. If not, then you'll either work to meet it, or you'll know that you never will.

Once you do meet it, write another letter to the probation officer. In it, tell her that you meet the criteria outlined in chapter so and so, and you request that she support your petition and DO the paperwork necessary to get it accomplished.

A request/demand formed in this manner will be very hard to turn down. If it is, you have your ducks lined up for an appeal. Go kick that PO's butt!!!

excon