Can I apply for early termination of probation? What is an example of early termination? Can a judge terminate probation? How does a motion for early termination work in Travis County?
While they most likely will not consider it, that doesn’t mean it is impossible.
After all, you never get anything that you don’t ask for. In addition, and I cannot stress this enough, YOU MUST HAVE A GOOD RELATIONSHIP WITH YOUR PROBATION OFFICER. I know that some probation officers can be very tough and demanding.
You sound like a good candidate for early termination. Another approach is to ask the court for Unsupervised or informal probation. This will allow you to travel and not report every month.
Be sure to bring all your. You answered your own question.
I hope it works out for you. Most lawyers offer the first appt. Go to that one and get a quote. A sentence of one year of probation for a felony is actually pretty light sentence.
Do you have an attorney. Most courts will not hear a motion for early termination if you have not completed at least half of your probation sentence Applying for early termination of probation can be an arduous process. You may attempt to complete the process on your own, but having a skilled and experienced lawyer on your side is never a bad idea. Basically, this new law requires a judge to grant early termination of probation , or a conversion to non-reporting administrative probation , if the following conditions are met: First, have you completed half of your probation ? Secon have you completed all of the conditions of your probation ? Thir have you violated the probation ? PC is the statute that gives judges the discretion to grant an early termination of probation in a California criminal case.
If probation is terminated ahead of schedule , the court will often expunge the defendant’s criminal record. In felony wobbler cases, the judge may also reduce the felony to a misdemeanor at the same time. Arrive in court on your hearing date.
Early Termination of Probation. For most offenses, a judge may terminate probation after the defendant completes one-third of the probation period or two years, whichever is less. There are a few serious offenses for which a judge lacks legal authority to grant early termination of community supervision.
Click HERE for early termination of Deferred Adjudication probation. Generally, an offender should have been assigned to the administrative caseload before being considered for early termination. First, you need to read the disposition of your case to see if it reflects “probation may be terminated early” or “no early termination of probation.
It may not say either, but if it does, it gives you a good insight to what the Court was originally thinking. Probation may be terminated early” gets your foot in the door, and makes your request a little easier. No early termination” does not shut the door. There is case law that the Judge should consider new situations of your sentence, but it does make terminating harder.
See full list on longwelllawyers. That means everycondition. All fines and court costs must be paid in full. All community service hours must be finished. All classes, and all recommended counseling or treatment must be completed.
All restitution must be paid in full. Each and every condition that the Judge imposed on you must be done. If you haven’t finished everything, you are just wasting your time asking, and it probably won’t be granted. The Court is acknowledging that you have done everything you have been asked to do. This is not guaranteed or routine.
The Court has been given full authority to use their discretion in terminating your probation. It is not appealable, and no one can force a Judge to do it. In the case of Ziegler v. The interesting component of terminating your probation is the unwritten rule. The unwritten rule is that the Court will not terminate your probation until you have completed half of the time of the sentence. There is no case law or statute to guide this, it is just an unwritten rule that most Judges follow.
And as most rules, it is not an absolute. There may be really good reasons to terminate your probation, such as you need to move or leave the country for your job or family, and you may successfully ask to be terminated. However, the majority of times the Courts want you to complete at least half of your sentenced probation.
The Judge will want to find out how your probation is going, and whether any victims’ have an opinion to your motion. All these issues will have a direct impact on you terminating your probation. Remember, granting your motion is a rew. They may choose to shorten your probation , or even tell you ways to achieve early termination in the future. If you are tired from calling every morning to test, or you simply can’t handle the stressors of probation , think about your options.
Each state has its own requirements that must be met before granting early termination of probation. In many states, the usual process is to file a motion with the court in which you were convicte requesting early termination of probation. Our attorneys will file a petition for early termination and schedule a court hearing.
Under Florida Statute Section 948. PC gives the court the discretion to grant a request for early termination of probation at any time during the probation period. When filing a motion in court, all parties involved in the case must get a copy of the document. Sometimes the possibility of early termination of probation is written into the Order of Probation , but that often still does not help.
In general, offenders who have complied with all the terms and conditions of their probation agreement, have not re-offende and paid all of their fines and costs of supervision may petition the court to have their probation terminated.
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