Legal Question in Criminal Law in New Mexico

I am currently on felony probation for a conviction of Aggravated Battery on a House Hold Member and false imprisonment. I was placed on 4 1/2 yrs probation. I have 21 months left of probation. I am 44 yrs old and have never had any other convictions misdemeanor or felony prior to this conviction. My question is this: Is there anyway to get off probation early. Can I request to be released from probation with an unsatisfactory discharge? Can I possibly get a reconsideration hearing? I am not a habitual offender. This sentence is preventing me from furthering my career in Municipal Goverment. I am unable to go to school or training out of state.


Asked on 4/19/11, 12:35 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

An early discharge from probation is possible, depending upon your prior record while on probation, and your relationship with your PO. If it is a good one, your PO's recommendation is the best and easiest way. Usually if the PO is against it, early discharge is really uphill. It is also possible to petition the court for early discharge without the recommendation of the PO, but the reason for the request would have to be more compelling than the reasons you state. Bottom line, unless you have a near perfect record while on probation and the recommendation of your PO, your chances are pretty slim.

Read more
Answered on 4/19/11, 2:26 pm


Related Questions & Answers

More Criminal Law questions and answers in New Mexico