The calls have been made the motion has been written and filed it is time to go before the judge and request the early termination of your probation based on your motion. One of the things I like to do is to do a practice run before going before the judge. The difference I do not like doing the practice run at the office but right outside the courtroom. There is a reason for this. Any experienced lawyer will tell you that his client will be a lot more relaxed at his office then at the courthouse. At the courthouse you could feel the tension everywhere. This is why it’s important to practice in this atmosphere. It simulate the tension of having to perform in front of a judge. If you practice enough the client will even feel comfortable testifying in court.
The first thing I do when I walk into the courtroom is to approach the prosecutors about any possible plea offers to resolve the case. You never want to let this opportunity be wasted. The prosecutor may tell you that he does not object and you could tell the judge that. The judge is not likely to deny the motion if both sides agree. Even if the prosecutor does not agree they will tell you why and you could address the objection. The defendant should be dressed in a way that shows respect to the court. They should not talk unless spoken to. When they want to say something they should say it to the lawyer quietly. There should be a plan between lawyer and client to do this. The lawyer should have anticipated all objections.
I always like to ask how the judge feels about early terminations. Most judges want curtained thing done before considering early termination like having all restitution paid. If this is your case that is the first thing you want t to tell judge. This will put him lean towards granting right away. If the victim is there make sure you acknowledge them and it usually good if the defendant once again apologizes to the victim. When you do this the victim in many cases will not be as aggressive towards the defendant. Remember restitution is a very important issue. If you have not completely paid the restitution make sure you have a very good reason why it has not been paid. If you have a lot of restitution and can’t pay make sure you or your lawyer set any ability to pay hearing prior to the end of probation. The reason for this is most probation officers have instructions to violate the defendant before