I just started probation in July. I have completed all my assignments from court. 50 hrs of service, MADD Victim Impact, DUI school, Advocate. Paid all court fines, paid probation for the year in full, along with a $500 fine. Getting interlock in Sept for 1 year. Where would this take me. I'm wondering I'd qualify for early termination and how I could arrange to apply to see if the judge would agree. Can I do this myself? I looked up my case and it says that my file is closed. Help
18 USC 3564(c) permits a sentencing court to terminate a term of probation at any time in the case of a misdemeanor (which this case seems to be) or after the service of one year in a felony case. The sentencing court must consider all of the relevant factors in 18 USC 3553(a) in its determination of whether to terminate the probation. Although an attorney who is experienced in federal criminal law will be able to represent you more effectively than you can represent yourself, you may file the motion on your own. I recommend that you review the 3553(a) factors closely, and argue them in relation to you and your case. However, before you file the motion, you should discuss the matter with your probation officer; he or she may ask the court to terminate the probation for you if he or she has no objection.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
The judge can terminate probation after one year.. Your chances for success will be much greater with an attorney, since this is not something that most federal judges favor. But you can do it on your own. You simply file a motion with the same case caption as your old case, even though it is closed, laying out the reasons for early termination. You should also discuss this with your po, since if he or she agrees, they can approach the judge. If the po does not support it, the chances of getting it are slim.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
You can only apply for early termination when you have completed half of the period without any violations. Since that has not occurred, you cannot get an early termination yet. When you have completed half of the time, it is best to hire an attorney to file a motion and attend a hearing.
R. Jason de Groot, Esq., 386-337-8239
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