Anyone know anything about reducing the proabtion sentence one dui court, fines, etc. are completed and there is time left on probation?

Hello shana:

At the top of the criminal law page, I wrote a thing called transfer of probation. The procedures would be the same for early termination. Go read it.

excon

Thanks for the info, but it doesn't help... here is my story--due to the new laws in pa, the night I was pulled over (which is the date they look at) I was two months shy of the 10 year gap they allow for repeat offenders... hence, I was now looking at my third offense. That was the last night I drank--3 years, two months and 6 days ago :) Starting that day, I began all of self help I could get--so I ended up "ahead" of the game when it came to court sentence.

I was accepted and completed DUI court in May, 2007--graduation. In court, the judge mentioned if you complete half your sentence and fines are up to date, you can be released early from the sentence... I completed half my sentence in September of 07--and my license is now off suspension since the end of December, 07...

My PO has been working hard to get me released but states that there are some snags--since no one prior has been released early from a DUI offense--when I was sentenced, the mandatory guidelines were followed--min to max as per the new law--so my sentence was 3 months of house arrest to 5 years probation.

I am wondering if there are any other prerequisites in pa that would help my case--i am a single mom with a college degree and would love to finally put my experience "officially" behind me and move on with my life--possibly out of state--however, I do not want to go through the hassle of transferring probation.

Any info would be greatly appreicated! Thanks!

Guess of all the thousands out there with internet access no one can help me... :(

Actually excon did, if you had reviewed some of the links he recommended, a lot of that info is there.

But everyone on probation is a mom or a dad or a son or a something.

But you will have to make a motion to the judge ( hire an attorney and hopefully have the support of your Probatoin officer) to get your probation reduced. You would need to show you have not committted any other crimes and have meet all of the requirements up to that point that were required.

Hello again shana:

You wanted to know what the rules are regarding reducing your probation. You didn't use the word “rules”, but that's what you were asking about.

In my post, I told you to go read the rules. You then said the rules don't help.

Huh??

At that point, I couldn't imagine what I could say to you that would be any different than that which you had already rejected. You think being a single mom matters, and you think your po working hard matters, and you think what the judge said matters...

But, NONE of that matters at all. The only thing that matters is the rules, and your ability to force/persuade the authorities to obey them.

excon

I am wondering if there are any other prerequisites in pa that would help my case--i am a single mom with a college degree and would love to finally put my experience "officially" behind me and move on with my life--possibly out of state--however, I do not want to go through the hassle of transferring probation

As restated above--my question pertained as to if there were any PREREQUISITES in PA regarding bing released from probation early for a dui charge ONCE everything has been completed--and there is till remaining time left... From what I can gather, no such occcurence has happened since the new laws took effect in 2004... that was the basis of my question, which ex-con's probation laws did not answer. I apologize for the confusion of my post--if anyone ahs any info that would be helpful, it would be greatly appreciated!! :-)

Hello again, shana:

I'm sorry we're having so much trouble communicating here.

Did you ask your probation officer for a copy of the rules?

If there ARE “prerequisites”, that's where you'll find them listed. If you did ask, and after reading them you didn't find any provisions for early release, certainly you won't find any "prerequisites" for it.

Apparently, the reason nobody has ever gotten released early is because there are no provisions for it in the rules. The term "prerequisite" indicates there is something you would be eligible for, if you only met certain requirements. However, since there's nothing to get that requires eligibility, then it's not surprising that you wouldn't find any "prerequisites".

However, I have the sneaking suspicion that you didn't ask your PO for the rules.

excon

I am only going by what my lawyer told me in the beginning--the judge told the court during one of the DUI courts I attended AND what my original PO stated---DUi in Pa at least have seemed to have a "life of their own"... I mean the judge himself stated that if you are done with half your sentence at minimum--completed all requirements--adn have paid off all fines incurred you would be released...

One more question--i was sentenced by a different judge than the one who controls DUI court--so if I petition the court for early release--would I be correct in petitioning the original judge who sentenced me??