I've had a lot of inquiries from clients who are currently on probation in Michigan for possession of marijuana type offenses. The potential client wants to know if we can terminate their probation since possession of marijuana is now legal in many situations in Michigan.
The first thing I tell the client is there is "no right" to this termination, because the law was different when they were convicted of the offense. Just because the law has changed does not mean there is anything wrong or illegal about being on probation for the offense. Possession of marijuana is still against the law in many situations in Michigan, and just like alcohol, it is not allowed while on probation in Michigan. Things that may be legal to do in some situations are still against the law in other situations.
That being said, YES, many judges around the State of Michigan are willing to consider termination of probation due to this law change, many some are not. It really comes down to the judge in your case along with your criminal history, your progress on probation and your reason for requesting termination.
If the marijuana offense is your first and only legal trouble, you've been otherwise complying on probation and you have the "right judge" in Michigan then you have a great chance of getting off probation.
Early termination of probation could have many benefits. If you worked out a dismissal deal, you get this deal sooner if probation ends successfully. You could save money on probation fees, save money on future drug and alcohol tests, and save time and stress of probation, which requires regular meetings, monitoring and many points of seeking permission to do things like travel. Getting off probation has many benefits and if you're currently on probation for possession of marijuana, you should consider working with a lawyer to have this probation terminated early.
The first thing I tell the client is there is "no right" to this termination, because the law was different when they were convicted of the offense. Just because the law has changed does not mean there is anything wrong or illegal about being on probation for the offense. Possession of marijuana is still against the law in many situations in Michigan, and just like alcohol, it is not allowed while on probation in Michigan. Things that may be legal to do in some situations are still against the law in other situations.
That being said, YES, many judges around the State of Michigan are willing to consider termination of probation due to this law change, many some are not. It really comes down to the judge in your case along with your criminal history, your progress on probation and your reason for requesting termination.
If the marijuana offense is your first and only legal trouble, you've been otherwise complying on probation and you have the "right judge" in Michigan then you have a great chance of getting off probation.
Early termination of probation could have many benefits. If you worked out a dismissal deal, you get this deal sooner if probation ends successfully. You could save money on probation fees, save money on future drug and alcohol tests, and save time and stress of probation, which requires regular meetings, monitoring and many points of seeking permission to do things like travel. Getting off probation has many benefits and if you're currently on probation for possession of marijuana, you should consider working with a lawyer to have this probation terminated early.
