Legal Question in Criminal Law in Michigan

Re: seeking probation reduction.

OK, you're the same person who posted question #255092383, right? See my reply to that one. But, if I knew the additional factual twists you added here, I might not have been as civil with you.

In your original question, you said that your husband was 'disabled' and could not travel on his own, so you wanted driving privileges. NOW, you say that it is all about him being able to go out and HUNT? And it's now a "secondary 2nd Amendment" issue where YOUR driving suspension is depriving HIM of his constitutional right on 11/15/08?? Are you KIDING me??! Lady, you killed someone. Regardless of whether you say it was an accident and alcohol was not involved and you were just returning from church, you violated some standard of due care and caution when you killed the victim (Speeding, perhaps? Blowing a stop sign? Driving left of center? Rear-ending the victim?) To you, those are 'accidents'. But under the law, you violated standards of proper driving ("careless, reckless or negligent manner, but not wilfully or wantonly"), and someone died.

As noted in my earlier reply, no judge is obligated to give you an early release from probation. Probation itself is a privilege and an alternative to incarceration. You have freedom of movement. You live in your home. Etc. Stop whining and consider yourself lucky that you have those (supervised) freedoms!

As for "removing this from your record", under current Michigan law, "setting aside a conviction" cannot be considered until 5+ years after you were convicted. But, it has to also be your one and only criminal conviction ever, anywhere. There is a process to follow, papers to file and serve on the prosecutor and AG, etc. Hire a lawyer to help with this when you get near your 5-yr anniversary of conviction. The victim and prosecutor can protest the request. In the end, it's all in the judge's discretion to grant, or not. Frankly, your whiny attitude now won't bode well at this later hearing because you seemingly have NO REMORSE, and only seem to care about how this accident has affected YOU.