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What should I do to get early discharge from probation?

Grandville, MI |

I have completed all my terms of probation which were classes, impact panel, community service, fines. I am currently in my 4th calendar month of a Year long probation. My probation officer said the court can let a person off probation typically around the half way point. The judge said in my sentencing that he would give early discharge if everything was done on time and in a good way. I have written reports of how great I did and was always on time. My question is what do I have to do to go about obtaining an early discharge, and should I wait a few more months before trying?

Attorney Answers 4


  1. I would highly doubt a judge granting early release before 6 months are up. Hiring an attorney to argue your motion can also be very helpful.


  2. Four months is probably too early to expect to be discharged from probation. I suggest you wait until at least six months have passed, then talk with your probation officer about it, if you have a good rapport with them. They may be willing to help you; they can submit a request to the judge asking that your probation be terminated. Having an attorney may help with this process, but you may be able to do it yourself by dealing directly with the probation officer.

    The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.


  3. For the most part, I agree with the previous answers. On additional thing you may thing about would be to have an attorney file a motion to change the terms and conditions of probation. My guess is that you are reporting, testing and doing other things. The judge may grant a motion to eliminate your terms and conditions until you are discharged and make your probation nonreporting. If the judge indicated that he would terminate you early if you finished everything and you've complied with what he said for you to do, I don't think it is too early to have a good criminal defense attorney file a motion on your behalf. There is no reason to believe the judge will not stick by his word.

    Sincerely,

    Mr. Loren Dickstein, Esq.
    10.0 Rated Michigan Criminal Defense Attorney
    LEWIS & DICKSTEIN, P.L.L.C.
    FREE CONSULTATIONS
    2000 Town Center, Ste. 2350
    Southfield, MI 48075
    (248) 263-6800 - Fax: (248) 357-1371
    Email: ldickstein@notafraidtowin.com
    www.NotAfraidToWin.com
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  4. I would agree with Loren on this. If the Judge has already said he would let you off early as soon as the terms and conditions were completed, I would hire an attorney and file the Motion to Amend/Modify/Terminate Probation now under MCL 771.2 and P v. Ford. Even if the Judge does not want to grant the Motion at this time, your attorney should ask the Judge to take the Motion "under advisement" pending whatever else he wants you to complete (i.,e. passage of a certain amount of time with no violations, etc.). Then, when the day comes that you have satisfied the Judge, the major legwork will be done without having to then wait even longer while a Motion is filed, served, and heard.

    - Brian J. Prain, Livonia Criminal Defense Attorney - (248) 763-0641

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