One option in Criminal sentencing is probation. Some people are not aware that there is an option to request to terminate or get off of probation early by filing a motion for early termination of probation. 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.
A person sentenced to probation usually is ordered to complete conditions of probation. All standard and special conditions have to be followed. These conditions include drug screens, restrictions on travel, etc. A person on probation has the hammer of the maximum sentence and likely incarceration hanging over their head. Sometimes people who have no reason to be on probation are then accused of another offense. (Substantive v. Technical Violations). Being on probation makes things worse. A person accused of violating probation is not entitled to a bond while awaiting a hearing and the court can legally sentence the person to the maximum allowed by law. However, not all violations will disqualify a probationer from applying to terminate probation early.
Being off of probation can be the difference from going to prison or not and being out while awaiting trial or incarcerated instead. Having had clients in those situations inspired this blog. Several times an early termination is granted only find the person arrested within a few months. This means the difference between having a bond and not having a bond. The advice given to clients is simple and consistent. Finish the conditions of probation as soon as possible, borrow money to pay your fines and court costs if necessary because a credit card provider cannot incarcerate anyone, then get off of probation as soon as you can.
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