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Home > Law > Other Law   »   Probation Laws

 
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Old Mar 7, 2006, 07:21 PM
mrsyazici
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Probation Laws

Hello. I was wondering if anyone can help me out with a couple of questions. My husband is on probation right now and he was sentenced to 3 years. In June of this year it will be 2 years. When he went to his probation officer, and told her he was going to see if he could be let off early. She told him that even if he is let off probation and his restition is paid in full, he would still have to come and see her on a montly basis until the 3 years is compete. I live in New York state and I have never heard of this before in my life. Could someone please tell me if this is true or if they have ever heard of something like this before.

Thank you so much for your time and your help!

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Old Mar 7, 2006, 07:38 PM   #2  
Fr_Chuck
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you will have to produce some evidence that he has improved his job, gotten more education and some good reasons to reduce his probation time.

Next it does not sound like the probation officer is going to recommend it, if they don't, there is almost no chance of getting it reduced.

But if the judge does sign off to be taken off probation, then they are off, it ends, there would be no reporting if the probation ends.

Note probation officers have no problem lying to you, messing with you and doing things just to pull your chains. many are ok, but some enjoy the control over you.

Now next is this regular state probation officers or is this though a private probation company. With private probation companies you actually have a contract with them and part of your monthly payments go to pay them.
With the case of this, you have the written contract in addition to the judges instructions.

But in general it will all be up to the judge, what ever he rules, is what the rule is.
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Old Mar 8, 2006, 06:53 AM   #3  
excon
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Hello mrs.

Well, now you know that his PO is NOT on your side. That's cool. It would probably be easier if she was in his court, but it's certainly no reason not to try to get him off early.

The only way I ever got anything was, not to ask (because the first word out of these peoples mouths is NO), but to demand. I don't mean that you should make your demands disrespectfully, but you absolutely should demand. Why? Because it puts the onus on them to justify their actions, rather than on your husband.

The difference between these two approaches is night and day. In one instance, your husband comes to the system, hat in hand, head lowered, being deferential, ASKING those in power to grant him something. That's the way it usually goes, and THEY love it. Why, because they're in charge - makes 'em feel important.

The "demand" approach I have found, turns the tables on them completely. Now, when I say demand, here is what you must do. I promise you that there is written criteria for early termination of parole. You are going to have to dig it up. It's probably called a "Policy and Procedures" manual or something like it. His PO may never have read it, and may not even know it exists. But she may, indeed, knows that it exists, but will tell you that it doesn't, and will try her best to dissuade you. Even her supervisor may not know of this document. Not to worry. It's there. Dig hard. You'll find it.

And, once you do, it will list the specific criteria your husband needs to meet. Then, it is simply a matter of writing a letter to the Judge, where you ask him to consider your letter a motion for early termination of probation. Be sure to send a copy to the prosecutor. In the letter, demonstrate how your husband meets the criteria cited in such and such documents. End by saying that he has performed his probation to date with NO disciplinary incidents. The motion doesn’t “ask” for anything. It simply states the rules and expects compliance.

They're gonna have a very, very hard time turning him down. And, it's ok that his PO is living in la la land. She'll eventually learn the rules (one can hope). This can be done absolutely without her input, or at least it will be minimized.

excon
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