Montion to Convert Community Control to Straight Probation

This is a discussion on Montion to Convert Community Control to Straight Probation within the Trials & Sentencing forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I have not been able to gather much information online regarding the subject. I will be contacting my lawyer about ...

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Old Oct 11th, 2009, 12:03 AM   #1
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Question Montion to Convert Community Control to Straight Probation

I have not been able to gather much information online regarding the subject. I will be contacting my lawyer about the possibility of filing this motion soon, but I wanted to get some information ahead of time if possible from anyone with experience or posibly from another lawyer .

I took a no contest plea for Felony Battery and an Agg. Assault w/ intent to commit felony charge. Basically, my ex-girlfriend filed a police report a few days after we had an argument and claimed that I pointed my gun at her. I turned myself in 30 days later when the detective finally decided that she had probable cause. They ended up dropping the firearm charge, but I got hit with these other charges instead. - I had alrady seperated from her for over a month and was with my new girlfriend when she continued to come over to my residence at odd hours of the night. I opened the door and told her to get lost.

I was sentenced to 1 year community control (house arrest) without a monitor (I'm allowed to go to work everyday, attend school, religious functions etc..), followed by 4 years probation. I was also ordered to go to a 26 week Batters Intervention Program.

My attorney advised me that after 6 months of house arrest I would be able to file a motion to convert CC to straight probation. I will have completed half of my BIP classes by the time the half way point comes around in early November. Will the fact that I have not satisfied this condition of my plea in its entirety disqualify me from having this motion granted? Does it matter that I have a progress report from my counselor stating that I regularly attend the classes and have completed over 50%? I also maintain a 3.6 GPA in college as well as work a full 40 hours a week.

I hope someone out there has dealt with a similar motion. Please let me know your thoughts, as it is much appreciated.
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Old Oct 11th, 2009, 12:02 PM   #2
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Default Re: Montion to Convert Community Control to Straight Probation

Not absolutely disqualify you but it if you have not competed each and every condition the motion is not likely to be granted.

Been there!!
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