Early Termination

[anthony361]

What is the name of your state (only U.S. law)? TX Ok if you remember me, then you know that I used to always be in trouble with the law...But in 2007, I was charged with a crime that I didn't do. I took a plea bargain because testifying against the actual culprit would have gotten me hurt. In fact a few months after I took the charge for this guy he received 18 years for aggravated robbery and kidnapping... Scary person huh? But anywho. I am at about 28 months into a 60 month deferred probation sentence and I think I’m ready to get off. I recently enrolled in college and currently I’m going for my AAPSY and I hope to get into either law school or med school. So it’s important to me to get an order of non-disclosure by the time I'm done with school(in most cases you cannot get licensed as a doctor or lawyer unless 5 years have passed since case was dismissed) so getting this case dismissed is of high importance to me. I have completed all classes, completed all 237 hours of community service, no dirty U A's, ever, went to every appointment on time and I have proven to my probation officer that I'm really not a bad guy.
With that said, I do have a few questions about some things that I’m not clear on. First off, I need to pay 1089 in restitution and about 600 dollars for back probation fees, I will be able pay it all but I was wondering if it’s possible for either the courts or the agency to waive those back probation fees. Do you think it’s possible for them to do this if I pay at least half of the back fees? My second question is whether or not I can ask the judge to reduce the crime to a misdemeanor. Like I said, I want get started on improving my life and If I can get an order of non disclosure 3 years earlier with a misdemeanor then I'm want to do that. And my last question, well it’s not really a question that requires factual info but rather your opinion. Do you think it would be wise of me to compose a speech for the judge explaining why I feel like my request should be honored? I mean I really want the judge to be able to look at me while I explain to her that not being honest with the investigators was a huge mistake and that I’m sorry for not being truthful. I also want her to be able to look at me when I’m telling her that I’m not a criminal, I want her to understand that I don’t want to wear this felony charge like a badge as my peers do. I want her to understand that I am ready to make a dramatic change in my life for the better and that I would be thankful for any help the courts can offer me. Any feedback will be appreciated.

 

[xylene]

Feedback:

Don't even think about trying to do ANY of this

1. Until you have gotten current on your fees and restitution.

2. Without a lawyer.


Also, you are not even half done with a pretty long probation.

Complying with probation is the minimum.

It is good that you are having few issues and are getting an education. Don't expect that they will wave the fees for this.

YOU REALLY need to talk with a lawyer about your false thing. IT could burn you.

Do you want a perjury charge?

BTW that risk does not mean the conviction you agreed to (plea deal) goes away.

I think you need to see that the court has already offered you some help in a sentence that is more lenient than it might have been.

Finally, aspiring to being a doctor or a lawyer, is inspiring, but it is a long way off, and maybe isn't possible. You need to think with a guidance counselor about the workability of those careers, even if you are stuck with a felony conviction.

Don't think that if you tell the judge "I want to be a doctor or a lawyer" they will set anything aside...

 

[anthony361]

Feedback: Don't even think about trying to do ANY of this 1. Until you have gotten current on your fees and restitution. 2. Without a lawyer. Also, you are not even half done with a pretty long probation. Complying with probation is the minimum. It is good that you are having few issues and are getting an education. Don't expect that they will waive the fees for this. YOU REALLY need to talk with a lawyer about your false thing. IT could burn you. Do you want a perjury charge? BTW that risk does not mean the conviction you agreed to (plea deal) goes away. I think you need to see that the court has already offered you some help in a sentence that is more lenient than it might have been. Finally, aspiring to being a doctor or a lawyer is inspiring, but it is a long way off and maybe isn't possible. You need to think with a guidance counselor about the workability of those careers, even if you are stuck with a felony conviction. Don't think that if you tell the judge "I want to be a doctor or a lawyer" they will set anything aside...

I see no reason why being a doctor or a lawyer is far off. So far I have a 4.0 GPA and I feel as If I would have no problem getting accepted and excelling in law or med school. Just because I have a past doesn’t mean I cannot have a great future, its people like you who make it hard for people to truly change their lives. And frankly I find your comment a bit offensive. But that’s besides the point. I've been to multiple probation reviews and while waiting for my turn I have seen all sorts of request be made. In one instance a person on deferred probation was going to the judge for early termination. a lawyer asked if the fine could be waived, the judge told the lawyer that he cannot just "waive" fees. The judge advised the lawyer that he could change the conditions of the probation.. meaning that if the lawyer request that the paying of the fine not be included in the persons conditions the judge would allow it. Whether or not the person had to pay it in the long run I’m not too sure...I had to run out to get some water. What I was asking was that since there is no set dollar amount on how much I had to pay in probation fees, could the back amount be reduced or completely 0'd out. As far as needing a lawyer, I agree that I should have one go in with me so he or she can use their "charm" on the judge to get me off, but due to the fact that I’m dropping 1700.00 to get off probation I will not be able to afford one. The only person that is going to go with me is my probation officer, and quite frankly I find that her interpersonal communication skills aren't that great. This is why I wanted to know if it’s a good idea for me to go in and basically represent myself and have my probation officer there to verify the facts for the judge. .. So much more to say but I got to run.. And by the way here is an email from an attorney that I had contacted about getting off early. "IF have successfully completed all the terms and conditions of your probation and have served out at least one-third or two years of your probationary period, whichever is less, you may be eligible for early termination of your probation. If you are on deferred adjudication and you have successfully completed all the terms of your deferred adjudication, you could be eligible for early termination at any time during the term of your deferred adjudication. BBL

 

[xylene]

"IF have successfully completed all the terms and conditions of your probation and have served out at least one-third or two years of your probationary period, whichever is less, you may be eligible for early termination of your probation. If you are on deferred adjudication and you have successfully completed all the terms of your deferred adjudication, you could be eligible for early termination at any time during the term of your deferred adjudication. BBL

Wow, that is exactly what I said.

Reread the above - Your case for early release won't be considered until your fees are paid.

Can you get your fees and restitution waived? I find it doubtful. Well try to do it all at once so you can rush to be a doctor OR lawyer, something that is a lot more than 30 months away in either occupation.

I also doubt you will excel in law school if you sincerely think that admitting perjury (that your plea agreement was false) without having a sit down with your own lawyer is good idea and likely to land you in anything but more hot water.

News flash - you don't know me or my relationship to cases like yours. I realize your situation sucks.

But if you think that a judge is going to take kindly to your story and reduce your punishment...

Look through the eyes of a judge.

Here is how your story reads.

"Your honor: I made a mockery of the plea bargaining system by agreeing to admit criminal responsibility for a crime I did not truly commit. I did this to protect one of my criminal associates. In fairness, I protected this person out of fear because I have no respect for the justice system and I found it more expedient to allow a guilty criminal to avoid justice than be a snitch."

You can imagine that you have all the charm in the world and if the judge "looks you in the eye", she'll see the future doctor or lawyer... but the judge will see it the way I laid it out.

This is why you need a lawyer, who can present your case effectively and probably will have some chance to get what you want.

 

[anthony361]

Wow, that is exactly what I said.

Reread the above - Your case for early release won't be considered until your fees are paid.

Can you get your fees and restitution waived? I find it doubtful. Well try to do it all at once so you can rush to be a doctor OR lawyer, something that is a lot more than 30 months away in either occupation.

I also doubt you will excel in law school if you sincerely think that admitting perjury (that your plea agreement was false) without having a sit down with your own lawyer is good idea and likely to land you in anything but more hot water.

News flash - you don't know me or my relationship to cases like yours. I realize your situation sucks.

But if you think that a judge is going to take kindly to your story and reduce your punishment...

Look through the eyes of a judge.

Here is how your story reads.

"Your honor: I made a mockery of the plea bargaining system by agreeing to admit criminal responsibility for a crime I did not truly commit. I did this to protect one of my criminal associates. In fairness, I protected this person out of fear because I have no respect for the justice system and I found it more expedient to allow a guilty criminal to avoid justice than be a snitch."

You can imagine that you have all the charm in the world and if the judge "looks you in the eye", she'll see the future doctor or lawyer... but the judge will see it the way I laid it out.

This is why you need a lawyer, who can present your case effectively and probably will have some chance to get what you want.

First off, you said 30 months was too soon to request early termination and secondly I want to get this off my record asap so that way If I decide to pursue a career as a psychiatrist or an attorney I will not have to much of a problem with being licensed by the time I complete my education and training and lastly

.
I won’t be admitting to perjury, the reason why I was charged was because I knew who did it and was unable to testify against this person..This makes me an accomplice. And honestly, it took me a long time to realize that I was just as guilty as he was. Threw my whole 1st year of my probation I was so mad at the justice system I felt as if I was wrongly charged and hated the detective for charging me...But the more I thought about the more I realized it was my choices that got me charged. But moving on, I understand how it seems without knowing all the facts so I will give you a rundown of how things went and why I was charged so that you can determine how much of a low life I am.
02/07/2007 The culprit asked if he could park a crack rental at my house for the night he explained to me the owner is going to go pick it up in the morning

02/08/2009 The truck was still there, I called the other person and asked him when the guy was going to be getting the truck. He said later on that day

02/09/2009 Still no word from the truck owner 02/11/2009 I called the actual culprit again and asked him to get that truck out of there or I was going to push it into the street and call the police 02/11/2009 2 men show up at my house claiming that the truck is theirs, they take the truck 02/12/2007 I get home from work I find a notice on my door from the police department asking Ricky(the actual culprit) to give him a call. It turns out that the people who picked up the truck took it to an abandon house and got caught stripping it and one of them named Ricky.

02/12/2007 I called the detective and agree to go in and answer a few questions. I made up a story that I just got home and found the truck in the back yard and that the same day I found it the supposed owner came and picked it up. The detective saw right threw my made up story but said he will look into the story I was giving him. He pulled me into his personal office after the initial integration and told me that he knew that I was covering up for "Ricky" He told me to go home and think about whether or not I am willing to take the charge for this guy. I went home; I thought about it and decided that I would be better off being a snitch.

The following Monday: I meet up with the detective at a local McDonalds and we get to talking. I let him ask his questions first and responded with yes or no answers; during the conversation I began to have second thoughts about snitching. I told the detective that I was scared of this person and that I would probably be hurt for saying anything. He told me if I can get past that fear and go to the police station and give an official statement going over what I told him then he can get me off with no charge.

I couldn't do it. This person already knew that they had him in the scope and told me if I snitch, things are going to get ugly. After this threat I called the detective and told him that I had already been threatened and that I couldn’t continue with the investigation. The detective told me he will leave the case open for 6 months so that I have to time to think about it and if I don't make the right choice he will have no choice but to charge me.. I understood and yah that’s why I’m here now. Now what I feel will help me is that in the actual police report the detective did note that we did have a few off the record conversations and it seemed as if I wanted to help but that I was scared to come out with the truth because I was "scared for my life". So its stated in the police report that I was covering up for someone because I was scared of what might happen, so me going to the judge and apologizing for this is not perjury. But anyways I went ahead and contacted a few different lawyers and I think I’m going to let them take care of this for me. Most seem like I have a good chance of getting off and 50/50 chance of getting the charge reduced to a misdemeanor since the specific judge is always willing to give people a second chance. But again, thanks for your feedback one more question.. I just talked to my PO and she is telling me that she can send a request to the judge that I be let off via fax. Is this accurate?