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I am roughly half way through my probation term, and I was fired due to felony level offense, can I get off probation early?

Minneapolis, MN |

I have finished all my terms early, including therpy and fines etc, it is basically no alcohol, remain law abiding and the time on probation. My PO said she eill not initiate the request for early discharge, but will tell the judge that I was probation compliant and my therpy went really well. The reason to get off NOW is that my job is waiting for me right now if I can get done, and I have a stay of imposition which will take my charge to a misdemeanor. We sent a letter to the court, will the judge say yes or no, or grant a hearing and then decide yes or no? What are my chances? How long do you have to wait for to hear from the judge? Is anyone willing to take the case, obviously will be paid????????????? Any help would be great????

In response this was a formal petition letter sent to the judge, PO, and prosecutor, with help from court services in Hennepin County. It was not like a pleading letter, it was very formal.

Attorney Answers 2


Unfortunately the Judge will likely not answer your letter. There are formal ways to get things done in the court system, and many times the court staff screens out letters that would otherwise go to the Judge. The reason, again, is due to the requirement for formal procedure.

It is possible to request early release from probation, without going through your case and learning more about the situation that you are in, I would be unable to tell you what your chances are.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

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Sometimes a motion for early termination of probation may be granted, especially if the request is supported by the supervising probation officer and two-thirds or so of the probationary period has passed and all conditions have been met.

I believe that you or your lawyer would need to make such a motion, possibly with supporting affidavits and memorada of law, and schedule a hearing. I do not beleive a court could grant the requested relief ex parte (without an opportunity for the prosecutor and court services to be heard on the request) - just on a letter or any written request alone. I bleive the judge would need to set a hearing, with notice to all concerned.

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