sentenced to an 18 month probationary period, was on pretrial supervision for four months up until my sentencing. Have been clean, and strictly compliant for seven months now. only two and a half months into my actual probationary period. First offense, completed all court requirements, paid all costs and fees. Judge stated in court that "there will be no need for probation here in short order, but i am placing you on probation for an 18 month period. As i said, if you complete all of the things you need to complete after doing an evaluation and your treatment, then either you or your attourney can let the court know about that and the court can make a decision about wheter or not you still need to be on probation." Is this likely to get granted, and if so how long does this process take?
Yes, the court has discretion to terminate probation under section 18-1.3-204(4)(a). I had a case recently in which my client was sentenced to three years of probation for a DWAI and the court terminated his probation after nine months because he had done everything that was required of him. You may want to wait a little bit longer until you file a motion to terminate probation, and you should also try and get the support of your probation officer.
Who knows? Why do you "need" an early termination of probation? Have you contacted the attorney who handled the underlying case?
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You may be able to have probation terminated early, but not without your PO and the prosecution being on board. I have also found it very difficult to terminate probation early without having successfully completed at least half of the original probationary term. Most deal paperwork now has language that states you cannot apply for early termination, if that language is a part of your deal you have an even tougher road ahead of you. If your original attorney can't help find a new attorney and the can try and help facilitate what you want to accomplish. Good luck.
You can contact WeedenLaw by phone or email. This answer is for general information only and does not create an attorney client relationship between Jeffery L. Weeden or WeedenLaw and any person. Schedule a consultation with an attorney to discuss your specific legal issue..
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