About Edward Martinovich, Esq. Expertise Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me"
I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
Question I was arrested 2 years ago for Felony DWI. I was sentenced to 5 yrs probation as a condition to the arrest, as well as a condition to signing up for a local Drug Treatment Court. During my time in the Drug Treatment Court, I worked to obtain my degree in Business. I went through the Drug Treatment Court w/o relapse. I attended all of my Drug and Alcohol Treatment classes, and was successful every step of the way. Drug treatment court lasted 12 months. It has been 14 months since my graduation from that program. Now, I actually work for the same county that holds my probation term. I have become a Social Welfare Examiner, working in our Department of Social Services. My PO, moved to his current position from the one that I hold now. We're all on the same level with the county. The same person that signs his paycheck, signs mine. I have read that I could be available for early release and have presented this to my PO, who claims he has taken it to there staff meeting. They wont let me go! I've written letters to the head of the Probation dept., and they go unanswered. I have written letters to the Judge, who simply sends a letter back telling me that "he cant offer any information and that I should talk to my PO about this matter." When I ask for a reason as to why they wish to keep me on, nobody will give me a straight forward answer. I have been doing a ton of research, findlaw.com, our .gov websites, I cant find anything that will give me the information I need to take this to court for appeal, or to present to my PO to show him that he should be putting in for an early release.
Do you have any information that can help me present this to a Judge? Is there a regulation or law that I can look into that will help me with this battle? Like I said, I have been nothing but successful, with clean urine screens and exemplary behavior since day one. I believe the only reason they keep me on is because I'm required to pay an administrative fee, and I'm a super ease probationer.
Any information would be greatly appreciated.
Thank you,
J. Brewer
Answer In my experience, the only person with the discretion to terminate probation early is the judge, but he almost always relies on the opinion of the PO...If the PO won't offer his favorable opinion, then you have to prove to the court that he's doing it for some arbitrary reason (i.e. the desire to collect fees), and not based on your need for continued supervision. Tall order i know, but I don't see any other way
