I am on first offender status felony probation. I received 5 years of probation, 120 hours of community service, and roughly 2,300 in fines. My question is what I the earliest I could motion early termination of probation? I plan to go into the military and have since I was a freshman in high school and got around the wrong crowd and got off track a bit. I desperately want to put this behind me and get into the military as soon as possible! I know I have to have everything completed. But, how long must I wait to get it dropped? Do I have to have a lawyer to do this also? I live in GA if that helps so you can go by GA law.

A lot of parolees are afraid to talk frankly with their parole officers. There's really no reason for that... even when the PO is kinda' crusty and offputting. You should definitely ask your PO... if for no other reason that he should know what are your intentions, and why you want early termination.

I'll say this, though: If you haven't done the community service, or paid the fines, your PO will not only laugh at you, he may well be offended by the question and will give you grief. Get the community service and the fines out of the way; then broach the subject with your PO.

Of course, consulting with an attorney would help, though many of them aren't as familiar with post-conviction issues as you might think they should be. That said, there are lawyers who specialize -- or at least sub-specialize -- in that area. They're out there. You need only find one.

Your PO has an obligation to talk to you about it, though... but you and he/she may need to get to know one another better before you can. And if you haven't fulfilled your other obligations first, I wouldn't bother.

And there are probably local parolee rights groups who can help you. The military recruiter may also know... mostly because he or she has seen it before. If not, he/she may know an attorney who knows all about it and can help you.

Good luck!

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Originally Posted by s10dude87

I am on first offender status felony probation. I recieved 5 years of probation, 120 hours of community service, and roughly 2,300 in fines. My question is what i the earliest i could motion early termination of probation? I plan to go into the military and have since i was a freshman in highschool and got around the wrong crowd and got off track a bit. I desperately want to put this behind me and get into the military as soon as possible! I know i have to have everything completed. But, how long must i wait to get it dropped? Do i have to have a lawyer to do this also? I live in GA if that helps so you can go by GA law.

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How far into probation are you? When did you get your sentence? When you were sentenced did you tell the Judge you wanted to enter the Armed Forces? Sometimes - probably not with a felony - they will direct you to enlist instead of sentencing you.

Sounds like you got heavy probation and I doubt you can get "off."

I don't know and I'm sure someone else does - can you go into the Armed Services with a felony conviction? This is what I find on the US Armed Forces site: "All branches of the military are different when it comes to recruiting standards, but they all have regulations regarding felonies. The military maintains a high "moral" standard for recruits and is the basis for not allowing most felonies. If the felony occurred when you were a juvenile you have a better chance of getting in the military but if the felony occurred as an adult you may have a hard time getting in, if at all. In either case it all comes down to the type of offense and how long ago it was.

When you apply to the military you are required to tell the recruiting of any incidents that resulted in arrest or in charges being filed. It is a felony not to disclose this information. There's no such thing as a "sealed" or "expunged" record, as far as the military is concerned. The military requires (under federal law) that such records be revealed on enlistment and security clearance paperwork. Failure to do so is a felony.

Congress and the courts have held that Title VII of the Civil Rights Act of 1964, which ensures all individuals are treated equally before the law with respect to civilian employment, does not apply to the military profession."

Pay your fine in full, do your community service in full, and do at least 3/4 of your probation before you ask for early termination. Sometimes they will let you loose after half completed, but more likely 3/4 is best. You can ask your PO to help you with the early termination if they are willing and are on good terms with them. It is all up to the judge if you are terminated early or not but they do listen to what your PO will say.

You will have to first have at least all of your community service and all of your fines paid. And start talking with your PO about it from the first day that you want to get this behind you and join the military, most PO are pro military and a lot of them think that the military will help straighten you out. So often they may try and work with your recruiter to help clear it, so you can get in.