Probation early release?

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Latest post 09-12-2011 4:25 PM by BJMM. 6 replies.
  • 07-18-2011 12:36 AM

    • BJMM
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    • Joined on 07-18-2011
    • LA
    • Posts 4

    Probation early release?

    I had a seizure while I was driving and hit an oncoming car and killed the driver. No drugs or alcohol were involved and I was charged with negligent homicide. This happened in February of 2005. The trial didn't take place untill 2008. I had permission from a doctor to drive so I pleaded not guilty and hired a lawyer. The neurologist I had permission to drive from was in New Orleans and all my medical records were destroyed during Katrina. When the trial came the doctor couldn't say whether he did or did not give me permission to drive so I had to take a plea deal that put me on 3 years felony probation. I graduated highschool in 05 and just graduated college with a B.A in business MGMT. I played football and track on scholarship while I was there and rode a bike to every class and practice. One of the conditions of my probation was no drinking. I failed one drug test for drinking and the judge put me in jail for three days. I then failed a second test for alcohol  "Yea that was retarded I know" and my probation was extended two years with house arrest but not revoked.   I was arrested two weeks before I would have graduated college. After a month in jail I then went back to school, finished my degree, and haven't failed a test in over a year and a couple months.  I know I messed up but is there any way I CAN APPLY FOR EARLY RELEASE and move on with my life? My probation officer said she couldn't recommend it because the nature of the crime. The Judge is a tough guy and I'm lucky not to be in jail, but I'm hoping my character will help me out a little bit.

  • 07-18-2011 1:55 AM In reply to

    Re: Probation early release?

    You can certainly petition the court but if your PO is not on board, getting the court to grant it is unlikely.  Consult local counsel. 

  • 09-12-2011 10:36 AM In reply to

    Re: Probation early release? --More by BJMM

     live in louisiana and I've been on felony probation for almost a year and a half. I'm supposed to complete two years but I'm trying to petition the court for early release. My probation officer told me due to the nature of the crime they can't write a letter of recommendation. I was charged with negligent homicide. Since I've been on probation I've earned my B.A in business Management and have multiple accomplishments in school as well as athletics. Leadership awards Dean's List, President's List. etc....I live in St. Tammany Parish "probably the most hardcore place to commit any crime" but when I was in Tangipahoa parish "where I went to college" my probation officer said she would write a letter of recommendation and recommend my early release. Since I've graduated and moved back to St. Tammany I've had four different probation officers who I can't get in contact with "EVER". Under CCRP 897 it states that I can petition for early release. I've done a good amount of research and so far I think I need to aquire the correct forms to petition the court. Letters of reference demonstrating my character, and a letter from me giving reason why I should be released early.. I don't mind doing the leg work but where can I find the forms I need? Even though my probation officer won't recommend it, I can still apply for release according to CCRP 897. If you know about this process I'd appreciate your input. Thanks for reading.

  • 09-12-2011 11:09 AM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: Probation early release? --More by BJMM

    I fail to follow why with not one but two serious violation of parole you think you are a good candidate for early release from probation --and if probation is going to be up shortly anyway I think I'd concentrat on keeping a squeaky clean record until then--and not so much as a sip of  wine at church sacraments.



  • 09-12-2011 11:13 AM In reply to

    Re: Probation early release? --More by BJMM

    You'd be wise to consult an attorney who has experience preparing these petitions but if you want to do it yourself here's what I found.

    I haven't found anything specific for LA but I found a couple of articles about the process from other states that might be instructive:

    http://www.florida-court-forms.net/terminate-probation.html

    http://criminal-law.freeadvice.com/criminal-law/parole_probation/early-termination-of-probation-process.htm

    I also found two sample petitions that should give you an idea of how to set up the format showing your local criminal court information. One is a federal court form and the other from Texas. Both are in a pretty standard format for court papers.

    http://www.formsworkflow.com/d98006.aspx

    http://www.jmichaelprice.com/Criminal-Pretrial-Motions/Motion-for-Early-Release-from-Probation.shtml

    In the body of the petition you basically put in everything positive that you've accomplished in the past year and a half and attach letters of recommendation.

    When you file your petition with the court, you send a copy to your PO (and keep one for you). Make sure you complete the affidavit of service at the bottom.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 09-12-2011 4:23 PM In reply to

    • BJMM
      Consumer
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    • Joined on 07-18-2011
    • LA
    • Posts 4

    Re: Probation early release? --More by BJMM-

    Probation, not parole. I honestly agree with you, but they've switched my probation officer over three times in the past seven months and each person is different and it's given me a little motivation to give this a shot. As long as the judge can't say "no and I extend your probation" I'm prob going to give it a shot. I contacted the family of the victim through a lawyer and they don't have a problem with me getting off now.  

  • 09-12-2011 4:25 PM In reply to

    • BJMM
      Consumer
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    • Joined on 07-18-2011
    • LA
    • Posts 4

    Re: Probation early release? --More by BJMM

    Thank you Jack! I appreciate your help.

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