Legal Help

[Sir T Rex]

If there is anyone here with a lawyer background here is a special request...

I am currently on summary probation for 3 yrs. I have been informed that I can have it terminated after half of the probation has been served and no incidents.

The way to have this done is to file a motion to terminate....but I havent the slightest idea as to where to start...

Can someone point me in the right direction as to where to start preparing it? I have had lawyers quote me $1500 bucks and its no guarantee... I would rather do it myself and save the money for another bike...

 

[dadofthree]

Check with the probation office first. They should know all about it. Good Luck

 

[heavybusa]

(dadofthree @ Feb. 04 2007,14:42) Check with the probation office first. They should know all about it. Good Luck

and that conversation should be free

 

[GSXTacy]

Also, go to your court system website. All forms should be available there. There may be a small filing fee but that should be it.

 

[timmat1]

may.... I couldn't even tell ya how many times I've posted the same title of your post.... kinda brings back old times.... like the others said your probation department would be able to help the most... when I went in to get mine waived, the judge looked at the probation rep and asked her.... think she wanted me thats why she agreed....

Good luck

 

[TIMMYDUCK]

Don't ever get convicted of anything in VT.

Guilty disposition = probation for LIFE.

Weird statistic flying around now :

During WW II 1 out of 7 males between the ages of 17 and 25 where serving in the army.

2006: 1 out of 7 males between 17 and 25 are under the supervision of the Department of Corrections.

This is for VT only.

Back to our regular topic

Wouldn't you start with your probation officer ?

Is it supervised or unsupervised probation ?

Do they charge you a monthly fee to be on probation ?

What was the offense that got you on probation ?

How has your behavior been ?

Do you deserve to be off probation ?

 

[timmat1]

Note to sell... dont ride in vermont

 

[Sir T Rex]

(TIMMYDUCK @ Feb. 05 2007,07:35) Don't ever get convicted of anything in VT.

Guilty disposition = probation for LIFE.

Weird statistic flying around now :

During WW II 1 out of 7 males between the ages of 17 and 25 where serving in the army.

2006: 1 out of 7 males between 17 and 25 are under the supervision of the Department of Corrections.

This is for VT only.

Back to our regular topic

Wouldn't you start with your probation officer ?

Is it supervised or unsupervised probation ?

Do they charge you a monthly fee to be on probation ?

What was the offense that got you on probation ?

How has your behavior been ?

Do you deserve to be off probation ?

I am on summary probation....I dont have to report to anyone or pay any monthly fines or whatnots...

The incident that got me on probation was a misdemeanor evasion charge...954RR and the CHP...long story short...I didnt stop...

My behavior has been nothing less than perfect....and it was perfect before the incident....just a made bad choice with a heavy wrist.

Yes, I deserve to be off of probation. I have paid my fine, done my community service and the probation is the only thing that is keeping me from going into the career field that I have chosen.... law enforcement...

 

[TIMMYDUCK]

Obviously something you can petition the court for yourself then.

Why waste good money on a mouthpiece.

But you will need several references from outstanding community leaders, I would imagine.

Do you do any volunteer work ?

Plus endorsements from employer and such not.

Also, you need to get in front of the same Judge that handed down your sentence, because the one thing I do know is that one Judge is very unlikely to overturn another Judges decision at the same court level.

Good luck.

I am much better at our Puritian Blue laws than the left coasts ones.

Start with the Court Clerks office in the district court you where convicted in.

She or he will be more helpful than you could ever imagine with forms, transcripts and procedures.

 

[TIMMYDUCK]

(timmat1 @ Feb. 05 2007,22:17) Note to sell... dont ride in vermont  

Don't let that discourage you.

Only 296 State Boys including Commanders and such statewide.

And they are very overworked these days.

Your NY plates would be $$$ signs to them though.

They leave us poor locals alone.

We like to think we can police ourselves pretty well.

 

[Sir T Rex]

Done!

My probation was terminated and the records expunged!!!

Now onward and upward.

Another question...Does expungement means that it is no longer on my record? Or its there but just not readily available to see. I have done some searching, but havent found anything definitive...

 

[TIMMYDUCK]

Expunged means it can't be brought in against you as a prior conviction.

Example :

You get a DWI #1 overturned on appeal and expunged from record.

Busted for DWI again 2 months after winning appeal, cop sees prior arrest and charges you with DWI #2.

Upon arraignment the D.A would only be able to prosocute you on a DWI#1
charge.

This however would not affect the civil penalty phase from Motor Vehicles

 

[nitrousjunkie]

Expungement means: "As if it never happened"

 

[Sir T Rex]

thanks guys....that makes the road to a career as an LEO a little straighter...lol

 

[06BUSA]

Yep it's gone. They will still ask if even convicted. Wont show on a search. But then it's lie or not.
Good luck.

 

[Sir T Rex]

(06BUSA @ Apr. 07 2007,18:10) Yep it's gone. They will still ask if even convicted. Wont show on a search. But then it's lie or not.
Good luck.

Well, the police dept here in WA state I am applying to already know about it. He went to the Chief to ask if we can move forward, but he said no...so I told him that I will keep applying until I am hired...