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Early Termination of Probation

One option for sentencing in a criminal case is probation. Many people are not aware that you can request the court to terminate your probation early by filing a motion for early termination of probation. Hopefully this blog will be shared with the family of a probationer. A probationer does have to file a written motion in the court and request a court hearing. Most judges will consider the motion to terminate probation early after half the time is served and all conditions are completed. Some lawyers, including myself, offer this service.

When a person is sentenced to probation, they have several conditions that they have to follow. These conditions include drug screens, restrictions on travel, etc. If a person violates probation, then they are not entitled to a bond while awaiting a hearing and the court can legally sentence the person to the maximum allowed by law. (Click here for more on this)

A person on probation has the hammer of the maximum sentence and likely incarceration hanging over their head. The inspiration for this blog was a call yesterday from a probationer's family where the State's offer was incarceration and the probationer had no business even being on probation. The probationer had a mere two months remaining at the time of the violation, had all conditions completed, no prior alleged violations of probation and no criminal history other than the current offense. Had this person hired a lawyer to file a motion for early termination of probation, they would likely not have been on probation to catch a technical violation and jail time. (Substantive v. Technical Violations)

The advice given to my clients is simple and consistent. The advice is to finish your conditions of probation as soon as possible, borrow money to pay your fines and court costs if you have to because your credit card provider cannot put you in jail, remember that your probation officer is not your friend and to call me at the halfway point after all conditions are complete. Then I will file a motion to end probation early. Several times in my career I have secured an early termination only to have the client be arrested within a few months. Thankfully this meant the difference between having a bond and not having a bond.

If you or a loved one needs help to file a motion, then call, click or fill out the form at the top right of the page for a free consultation in your probation matter.

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