Legal Question in Criminal Law in New York

probation reduction

I was given ten years probation due to magen's law. I'm a level one sex offender i've been on probation so far for seven years

is there a way to reduce my remaining time so i can leave my state maybe go on vacation enjoy the rest of my life..... plus me and my wife is starting a cleaning business and so places we are targeting are in jersey city , and Long Island how can i get permission for this with out going threw a probation officer? most of them don't want you succeed at anything so i know there has to be an alternative.


Asked on 2/12/09, 6:32 pm

1 Answer from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: probation reduction

It is possible to obtain an early release from probation. Under Section 410.90 of the Criminal Procedure Law, courts in New York have discretion to grant early termination of probationary sentences. To obtain early release form probation, it is necessary to make a motion to the court that sentenced you.

In deciding the motion, the court must determine whether:

(i) the probationer is no longer in need of such guidance, training or other assistance which would otherwise be administered through probation supervision;

(ii) the probationer has diligently complied with the terms and conditions of the sentence of probation; and

(iii) the termination of the sentence of probation is not adverse to the protection of the public.

If you are able, you should retain an attorney to prepare the motion for you.

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Answered on 2/13/09, 8:54 am


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