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Home > Law > Criminal Law   »   early probation termination

 
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Old Aug 23, 2006, 12:43 PM
jeffjnadeau
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early probation termination

When you go in front of the judge to terminate probation early, what questions does he/she ask?
What % of people get granted versus denied?
Are there any negatives to trying?
What if not granted, can you try again? How long?
Thanks

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Old Aug 23, 2006, 03:09 PM   #2  
magprob
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#1: Have you paid all fines and fees?
#2: Have you completed all programs required by the court.
#3: Have you learned to not break the law?

If all of these have been met then there really is no reason to keep you on probation but only if you have a good underlying reason as to why you need to be off of probation, ie: a job somewhere else, a sick family member in another state.
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Old Aug 30, 2006, 07:49 AM   #3  
denise1070
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Quote:
Originally Posted by jeffjnadeau
When you go in front of the judge to terminate probation early, what questions does he/she ask?
What % of people get granted versus denied?
Are there any negatives to trying?
What if not granted, can you try again? How long?
Thanks

In my County and State, you don't have to go before the Judge to be released from probation early. If you have abided by all the rules and regulations of probation, paid everything in full, not failed any drug tests, etc., most likely they release you early.
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Old Aug 30, 2006, 01:55 PM   #4  
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Usually, probation doesn't get terminated early, period. With probation, you've already been technically cut a break by not being imprisoned but put on probation instead. With that in mind, no judge is going to be inclined to terminate anybody's probation early just because they asked for it.
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Old Aug 31, 2006, 06:09 AM   #5  
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For the Circuit I work for, it happens often. If someone has abided by all the rules of probation, it's usually granted.
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Old Aug 31, 2006, 11:05 AM   #6  
excon
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Hello again, jeff:

You asked this question the other day. I was on probation in Maricopa County and got off early. It would seem that my answer would be of interest to you. Don't you read your answers? Let me try again. This is what I said the other day:

>>>I got off probation early, too. However, I can’t remember exactly how I did it. I do remember that it was nothing more than some bureaucratic stuff. Fact is, I had a lot of help from my PO. If your PO doesn’t know what to do, her supervisor will.<<<

Maybe I should elaborate. It's BUREAUCRATIC stuff. That means it all happens within the probation department. It does NOT go in front of a judge.

There IS a procedure. Ask your probation officer what it is. If she doesn't know, her supervisor will.

If you ask again, my information won't change.

excon
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Old Aug 31, 2006, 02:31 PM   #7  
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Hello again, jeff:

Actually, I think I mis-spoke above. I believe the probation department makes a motion to the judge. There is no hearing. Assuming you have the cooperation of your PO, I'm sure it will be granted.

Your first step, however, is the same. Talk to your PO.

excon
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Old Aug 31, 2006, 02:48 PM   #8  
magprob
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The judge ordered probation so no one short of GOD can change the judges order. The probation officer probably took the paper work to the judge and He/She signed off on it. That would be the only way to reduce the probation period if you did not go before the judge.
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Old Aug 31, 2006, 09:53 PM   #9  
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Magprob got is just right, but excon added something very important - What the PO says about your motion carries A LOT of weight.

Beyond that, every jurisdiction is different, and it also depends on your record, and what you're on probation for. In many locales, if they court is not willing to early term you, either the judge, or your PO can put you on what's variously called administrative, summary, or "paper" probation. That's where you are technically still on probation, but with no requirement to report or do anything else, except not break the law again.

Good luck.

Comments on this post
magprob agrees: Good point. We called it unmonitored probation.
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Old Mar 24, 2007, 12:21 AM   #10  
Danyael
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GaryArt is again correct. This type of probation is called "inactive" probation.
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