Q: I have a 3 year probation sentence and currently into my 20th month with no violations. What are the chances of my probation officer petitioning for my early release. I have not been violated on any manner and pay my fines every month, but at the rate that I pay a month my probation will be over before being paid off. If he does agree what are the chances of the judge agreeing to this. (New Castle, PA)
A: Ask a local lawyer who regularly practices criminal law in Lawrence County as it totally depends on how liberal the judge, the PO and the DA are towards early parole petitions in general and their view of you as a defendant. Some probation departments will put the paperwork in for you and some will not in which case you will need to hire a lawyer to file a petition.
Q: I’m on probation in PA and have a shy bladder that doesn’t allow me to give urine around people. Is there anything I can do? As I said I have a condition where I simply cannot urinate in presence of people. I understand this is an excuse given by many people who simply do not want to give a “hot” urine. This however is not my case. Legally, can they violate me for my condition? I really need some help. (Venetia, PA)
A: The Probation Officer, and even likely the court, will not believe you. You will need your doctor to put this condition of yours in writing. If your doctor does this and his opinion sounds credible to the court, perhaps an alternative can be offered for you. However, I must caution you, that I have clients and am around people who are ordered to be tested in Family Court and Criminal Court. I have never seen anyone get out of testing with this argument. Again, I think you will need a letter from a physician.