Q: I got a DUI at college Johnstown. I want to apply for early termination of my DUI probation. I filed the motion, my lawyer was late on court day just to tell me that the DA has papers stating there is a no early termination of probation clause in my DUI plea papers. Is there a way to remove this from the order? All my fines are all paid, my supervision is completely up to date and over paid. I’ve met every requirement asked and have completely made a 180 in my life. I want to create a better life for myself but they make it difficult. For me to move, there are many hoops to jump through and a great deal of money to be lost. Any help/suggestions are more than acceptable! (Monroeville, PA)
A: You can only change an order with a new order that vacates or modified the prior one. Every county is different but what it sounds like to me is that the DA objects to closing your case early. The DA doesn’t make the decision, the judge does. However, if the DA will not agree to it the judge most likely not either. Legally, the judge could deny you based on well-grounded law that says the judge has no jurisdiction to modify a sentence after 30 days. The DA could be viewing this as such an attempt to modify your sentence or even go back on your plea agreement. In that case, it would be a waste of time to present such a motion. I would ask your attorney if he or she thinks it is worth going forward with the petition to the judge regardless of the DA’s position. Your lawyer should know the history of the judge and the practice norms in your criminal court house enough to properly advise you.