I have completed 42 months of a 60 month sentence. I have paid all of my fines and completed my community service hours. My probation officer states he does not object but does not have time to put in for my early termination. He suggested that I file for a motion. I need the steps to file for a motion in GA. My sentencing judge is in jail so I no longer have a judge until I file this motion. At that time the courts will appoint me one.

Hello C:

Write the court a letter. Make your request AND request that the judge consider your letter to BE a motion... Send a copy to the PO and to the prosecutor. Send your letters certified, return receipt requested.. That SHOULD get the ball rolling.. If not, a properly filled out motion wouldn't have done any better.. But, if they DO deny your request, let me know and I'll tell you how to appeal.

excon

I have completed 42 months of a 60 month sentence. I have paid all of my fines and completed my community service hours. My probation officer states he does not object but does not have time to put in for my early termination. He suggested that I file for a motion. I need the steps to file for a motion in GA. My sentencing judge is in jail so I no longer have a judge until I file this motion. At that time the courts will appoint me one.


You don't file for a Motion - you file a Motion asking for an Order terminating your probation early.

I'm reading that in GA you file a Petition for early termination, not a Motion. You need the cooperation of your PO - I do not find the forms on line.

"“At this point, the probationer may be eligible for early termination of probation if he has remained employed, maintained a stable residence, abided by all conditions of probation, and has no law enforcement contacts or violations of the criminal laws of this State. When the probationer has satisfied these conditions of probation and/or when the court is satisfied that termination would be in the best interest of justice and the welfare of society, the court may discharge the probationer from the sentence.

When considering early termination of probation, it is extremely important for a probationer to discuss his desires with his probation officer before seeing an attorney. The probation officer is the one individual who can significantly help or hurt a probationer seeking an early termination. Probation can fill out certain documents detailing the success of the person while on probation and even give live testimony in court at the motion hearing. The probation officer can also recommend that the probationer remain on probation because of a wide variety of problems that the probationer has encountered. The point is that a probationer must have the probation officer "on board" to have any realistic chance of being released early from probation.

Once a probationer believes that he has fulfilled all of his obligations connected to probation and has a positive recommendation from his probation officer, then he is in a position to petition the court for early termination. The petitioner must file his motion, have a hearing on the matter, and wait for the judge's ruling. If the judge signs an order terminating the defendant's probation, then his case is finished and he can move on with the rest of his life.”

This is a private site - but it's good: http://www.avvo.com/legal-guides/ugc/early-termination-of-probation-in-georgia

The forms are not available anywhere on line where I can find them.

And they should, normally they release most after 2/3 of the time if all conditions have been made. Unless this is a private probation company, in which cases, they make a profit off the person on probation and make it harder to get off.