My girlfriend recently servered 2.25 years for a fraud case. She was on good behavior and was released 12 weeks early. She completed all the required classes to be on Parole. Part of her original plea was to serve 1.5 years flat however the Judge changed it and sentenced her to 2.25 years and 3 years probation. She set up with AZ Adult Probation after Parole completed and they told her she had to call the Probation office after she registered until they called her back. She continues to call on a daily basis yet the Probation office never returns her call. It has now been 6 weeks and still no call. Is she able to submit to the court to dimiss the probation due to her good behavior and lack of no response from probation?
Criminal Defense Attorney
Typically, one is not eligible to terminate probation until he/she has served 50% of the probation term. However, given the circumstances and good time in the Department of Corrections and on community supervision, he /she might be able to terminate probation early. However, you should know that the judge usually wants to hear from the probation officer before he decides to terminate probation. If this is the case, and the judge does not agree to terminate probation, this could result in you getting off on a bad start with the probation officer. I suggest you speak with an attorney before filing a motion to terminate probation.
I would have her continue reporting as directed, and if she still gets no response, she should have a local attorney file a motion for early termination. It is less likely to be granted than it would be had 50% of the probationary period expired; however, your girlfriend should get some information as to what is going on with her PO. She should never assume that her calls are being documented, as the Court system will likely continue to do her no favors. Make sure she gets ahold of someone soon, regardless of her intention to be considered for early termination, and contact a lawyer if this is not possible.
This information is not intended as legal advice and should not be relied upon or construed to create an attorney-client relationship. It is for informational purposes only. Law Offices of David A. Black PLLC 40 N. Central Ave., #1400 Phoenix, AZ 85004 (480) 280-8028