QUESTION
How do I get an early termination on probation so I can apply for citizenship?
Asked on Apr 29th, 2013 on DUI/DWI - California
More details to this question:
I had my first DUI 5-year probation in early 2012, completed DUI classes but have not finished paying fines. I want to call my wife to the states. Application for green card status will take 3-4 years and if I can get my citizenship it will only take 6-7 months.
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Your lawyer can tell you whether the jurisdiction where your case is will even consider an early termination of probation, most don't, except under the most extreme circumstances. At the very least, you should have completed your sentence, paid the fines, done the jail if any, completed the DUI school. If you didn't use a DUI lawyer for the case you should consider using one to help with this process, it usually requires motions and hearings where matters of substantive law are at issue.
Answered on May 07th, 2013 at 12:13 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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First, the earliest any dui probation can be over is 3 years or the dmv will suspend your license. If this is a felony or the case involved high blood or an accident the judge may not terminate early. Third, check with an Immigration Attorney, you may still have to disclose the conviction to the ICE.
Answered on May 02nd, 2013 at 3:20 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you had you first and I am assuming last criminal charges resolved in 2012, you may not qualify for citizenship due to the 5 year of good moral conduct requirement.
Answered on May 02nd, 2013 at 2:50 AM
It is doubtful if you can terminate probation this early. Need about 2 1/2 to pass. All fines must be paid.
Answered on May 01st, 2013 at 10:25 PM