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Possibity of Early release of probation Parole, Probation, Release

Discussion in 'Probation, Parole, Incarceration' started by Tianne, Apr 11, 2014.

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  1. Tianne

    Tianne Law Topic Starter New Member

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    Hello,
    In 2008 my family negotiated a plea of Guilty on the charge of theft by taking. I was given the first offender treatment and a restitution payment of $25 a month. The special conditions state: THE DEFENDANT IS TO PAY $25 PER MONTH TOWARD HER RESTITUTION FOR 10 YEARS. THESE PAYMENT WILL NOT PAY OFF RESTITUTION. PROBATION IS SUSPENDED AS LONG AS DEFENDANT MAKE THE $25 MONTHLY PAYMENT AND THE PROBATION OFFICE MAY COLLECT THESE PAYMENTS WHILE THE CASE IS SUSPENDED. This 9th day of May 2008. It is further ordered of the court and the defendant is hereby advised that the court may at any time, revoke any conditions of the probation and/or discharge the defendant from probation.

    I was ok while I was in the hospital and rehab learning to walk and be independent again, but in my journey to regain my independence, I attempted to enroll in school. Because of the felony on my record, I could not. Can I get this terminated early. I have never missed a payment, although I am not ordered to, I do let my probation officer know my address and phone number.
     
  2. army judge

    army judge Super Moderator

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    The person or the people to ask about early termination are in the probation office overseeing your case.

    Be advised, early termination won't remove the felony conviction.

    NOTHING will remove the felony conviction BUT a FULL pardon by your state's governor.

    Are you eligible to have your probation terminated earlier than your end date?

    These are the basic requirements:
    1) You have successfully completed at least 1/2 of your probation term
    2) You have to have met all requirements of your probation, fines are current, restitution is current, no positive drug tests, all community service completed, no new convictions or arrests
    3) Your Probation Officer must agree to support your petition for early termination of probation 4) 4) You must petition the court that sentenced you for the early termination of your probation (be prepared to argue/explain to the court why early termination is warranted)
    5) You will need a good reason such as "can't get a job in your skill set because of the criminal record", "can't get healthcare", "can't get into a school".

    IT MUST BE A GOOD REASON, because you could have spent the last three, four, five years in prison. The judge wants a good reason, not just that its hard, its too restrictive, etc...
     
    Last edited: Apr 11, 2014

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