Terminating Probation Early
by
Joseph Simons on Oct. 27, 2016
Summary: Probation can make life difficult. After successfully serving part of your probation sentence, you can file a motion asking the judge to let you off the hook early.
People can be sentenced to probation as a consequence for pleading guilty to a crime or after a conviction at trial. Sometimes probation occurs after a prison sentence and other times probation is the sentence instead of jail. Either way, it is the same thing: a probation officer monitors you for a set period of time to make sure you stay out of trouble. There also conditions that can come along with probation, such as drug testing, maintaining employment, staying out of certain locations or away from certain people, and/or attending counseling.
In serious cases, a sentence of probation can be a huge win, especially when the threat of incarceration is likely. Especially if you are paired with a good probation officer, probation can be helpful and more corrective than punishing. On the other hand, maybe you were assigned a probation officer that seems to have it out for you. Or you have a job offer in another state in the middle of your probation term, and the well being of your family requires that you move. In some situations, probation can feel oppressive and negatively impact your life. Fortunately, there may be a way to secure an early release.
How to Get Off Probation Early
I have helped countless people to get off probation early. It helps a lot if you have a compelling reason to seek an early release from probation. It is also beneficial if you have a good track record with no – or minimal – violations on your probation record. Finally, if you owe outstanding fees or restitution, paying that money can go a long way in conjunction with a Motion to Terminate Probation Early.
Motion to Terminate Probation Early
Whatever your reasons, if you want to end your probation now, an experienced attorney with a well-reasoned argument and a motion to terminate will be immensely helpful. A good lawyer will get to know the circumstances surrounding the underlying case, as well as your background and reasons that you are seeking to terminate probation. In some cases, I have been able to convince probation officers to agree to a request to terminate; which can help persuade a judge to agree. Other times, probation officers have been adamantly opposed to my clients’ requests, and I have still been successful in terminating probation.