Criminal Defense

EARLY PROBATION RELEASE

An offender who is placed on probation can petition the court for early termination from probation. As long as the offender follows the procedures outlined by the court, avoid further arrests, pays court costs and any restitution, and has served at least one half of their probation term, early release from probation is a possibility.

Filing a petition for early termination of probation is almost always in the offender’s best interest. It allows for termination of payment for supervision fees, drug testing to cease, and the offender will no longer be required to attend substance abuse or alcohol counseling, or other classes.

The court has the right to discontinue probation for any reason. A judge will usually announce requirements of the offender’s probation agreement in court. If a judge deems an offender ineligible for early termination of probation, that does not mean that the defendant cannot ever file for early release from probation.

If an offender has paid all required fees for court, supervision costs and restitution, their chances of being granted early termination is increased. They must also have served at least one half of their ordered probation term before filing a motion for early termination of probation. If there are specific court ordered requirements, such as community service or drug/alcohol counseling, they must also be completed in order for the motion to be granted. Even if you are not eligible for early termination of your probation sentence, you may be able to have an attorney file a motion to modify the probation order on your behalf. You can also petition the court to amend a probation order if you disagree with any of the terms. This may be helpful if the offender needs to travel out of state for business, a funeral, or to visit a sick family member. These motions can be filed to eliminate no contact orders, eliminate curfews, and to amend the order to allow medical issues to be considered.