A concept that is starting to garner a tremendous amount of attention in the criminal court system is the “Early Termination Hearing” which could afford a defendant on probation the opportunity to end their sentence more quickly than was initially authored by the court. When a defendant wants to obtain this relief, many steps need to be taken. To discuss the matter in greater detail, we spoke to some of the top criminal lawyers in our state to gather their insight.
Scott Grabel is the founder of Grabel and Associates, and his team has built a reputation as the top criminal defense firm in the state of Michigan. When asked about the early termination hearing, Grabel stated, “Sometimes the motion can be as simple as an oral argument, and sometimes the concept demands full writing. A lot of this depends on the county that your defendant is seeking relief from. With young defendants’, it is crucial to stress that education and work achievements are essential to a winning motion.”
Matthew McManus is the Managing Member of Ann Arbor Legal PLLC in Ann Arbor, Michigan. McManus’s firm is known for their aggression in the practice of criminal law. When asked about the early termination hearing, McManus stated, “To have success the attorney truly needs to have a strong relationship with the probation department. The probation officer’s role is vital to reaching a successful remedy for the client and the Washtenaw County, and Caro views the motion is entirely different. If the attorney does not build the relationship with probation, their client will suffer.”
Gary Kennedy is an attorney at the “Kennedy Law Office” and is known as one of the top criminal litigators in Macomb County. Kennedy added insight when he said, “There is a method to success with this motion. Education and work are essential, but this motion is truly about building the character of the defendant to display to the court why they have earned the opportunity to have their freedom back without completion of their sentence.”
Grabel went on to add, “We always provide clients’ in this situation a list of things that we want to display to the court when they seek assistance in this area. This is a motion that we write or argue on a daily basis and making the client look good while displaying the prospect that they will not become a repeat offender is how we have found success.”
While probation is always favorable to incarceration, it can be a trap for the careless defendant. When someone is asking the court for a chance to revisit their sentence, they also run a risk of garnering more time if the motion is made wrong. The diligent attorney needs to be aggressive for their client and maintain there is also no disrespect provided to the sentencing court.
William Amadeo is a Senior Associate at Grabel and Associates and a partner at Ann Arbor Legal in Ann Arbor, Michigan. Amadeo is licensed in Michigan, New Jersey, and the federal court system. In addition to his legal duties, Amadeo is a widely published journalist and is currently working on legislation for additional specialty courts with Yanice Jackson who is running for City Council in Lansing, Michigan. Amadeo can be reached at Williamamadeo@Grabellaw.com.