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jaronray · Feb 23, 2006, 11:37 AM

I live in st. louis, MO and am tryingtoget off probation early,but the judge keeps denying me. Should I get an attorneyorwhat should I do? Anybody know a good attorney that will notcharge me an arm and a leg?

CaptainForest · Feb 23, 2006, 01:28 PM

Try the legal aid offices in your area. If you qualify, you will get a lawyer for free.

http://www.mobar.org/member/legalaid.htm

magprob · Mar 1, 2006, 04:26 PM

If the judge that put you on probation in the first place, keeps denying your early release from probation, why do you think that a lawyer can convince him/her to release you? About the only magic a lawyer can do is to turn your money into theirs!:cool:

Fr_Chuck · Mar 1, 2006, 06:19 PM

Ok, first many judges will not grant an early discharge ever, or hardly ever.

First how long has it been, and how long is the probabtion. If you had 10 years and you have served two years, no way is he, if you have served 8 he may consider it,

You will need to get the recommendation of your probation officer, you will need to show that you have done something with your life, job, additional schooling, no aditional criminal issues, character witnesses of how you have changed your life around.

Normally an attorney knows what your judge will look at and what he won't consider. But in general if the judge put you on probation, his opinon will be, why is it hurting you, ifyou don't get back into trouble, then it causes no harm. So why does it hurt to stay on probation

jaronray · Mar 1, 2006, 06:57 PM

Well, I have been on since decmber 2002. I am trying to get my certification to teach and the only thing holding me back is me still being on probabation. Probation officer just sent a request and it was denied and she was surprised. She told me that some judges do not do early discharge, but maybe a lwayer would be able to help. There is about to be a new law set to make people on probation pay an extra $30.00 or so a month and without a fulltime job and 3 kids and a house to take care of, I don't know if I can budget that. Part-time work is not exactly secure. I am almost done with my master's, but until then full-time work does not seem possible without my certification.

Fr_Chuck · Mar 1, 2006, 07:09 PM

An attorney would petition the court for a hearing, not merely submit the paper work. With the paper work, it is taken to the judge with a lot of other filings, warrants and the such for him to sign.

Often the judges clerk will review a lot of the paper work and put into piles to sign, or not sign. The judge makes a final call, but many many times his clerk looks up the case info and makes the opinon which the judge normally goes with.

At a physical hearing, you would have a chance to speak, show them the education and so on.

jaronray · Mar 2, 2006, 01:07 AM

So do you believe a lawyr may be ableto help me through this or should I be patient and tough out these next two years?

Fr_Chuck · Mar 2, 2006, 03:54 AM

If you can afford it, a attorney may be of some help, ( i.e. he can't really make it worst) Many times esp in the St Louis area you will be one of about 100 people a day asking for your probation to be shortened. Unless they see a lot of attached documentation of why, there is no reason they should.

An attorney can show you are really wanting it, and if he is someone that judge knows it also helps.

If it can make a big difference in your life, I would try to get one to help me.
The judge can still say no, he has that right to, but it is about your only choice left to try.

fredg · Mar 2, 2006, 06:16 AM

Hi,
Congratulations on almost ready to get your Masters' Degree!
I do wish you the best, and I am sure you have already checked on whether any School Boards will hire someone who has been on probation.
I do hope it isn't for any type of Federal issue. If so, hiring on as a teacher might be difficult.
I do wish you the best, and good luck.