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When should I seek Early Termination of Probation?

Lawrenceville, GA |

Hi, currently I am on Georgia's First Offender probation, but serving it out in TN through Interstate Compact. I received 7 years for possession of Marijuana. In August 2014 it will be 3 1/2 years I have served which makes it the halfway mark. I have never failed any drug test, always kept employed, have a good relationship with my P.O. in TN although, I never really met the P.O. in GA since I was allowed to move back home to TN after I was sentenced. this happened in Gwinnett County and Judge T Davis sentenced me. I have done good all around and even completed paying all fines and fees the first 6 months I was sentenced. I also attended some classes for an Associates degree but still currently working on it. My question is when and how likely am I able to get it terminated? Thank you all

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Attorney answers 5


You are obviously a good candidate for early termination. Before doing anything, consult with some Gwinnett lawyers about Judge Davis's proclivities. Some judges don't like to early terminate, and others don't like to early terminate in first offender cases.


If you have completed everything I would hire a local lawyer, and apply now.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


It sounds like to me that based upon what you are saying, you are ready to apply for early termination now. You need to hire a lawyer in Georgia to file a motion for early termination. He/she can put together a presentation to the judge on how you have abided by all of the conditions and have done well on probation. You might want to talk to the Georgia probation officer and see what he/she thinks about it. Based upon what you are saying, the probation officer may be inclined to do the request for early termination for you.


If you have completed all of the conditions of probations, including, but not limited to payment of all fines, proof of negative drug screens for the period as mentioned, 3 1/2 years, you can contact the probation officer in TN to request approval from local Gwinnett County probation officer to petition for early termination of probation. Generally, if all fines have been paid, proof of satisfying all other conditions, the court is in a better position to approve early termination, and/or approve non-reporting status.


I'm a former judge and you sound light years ahead of what Judge Davis and I are used to hearing. A few questions;
Are all your fines and court costs paid?
How long have you held your current job?
Would your employer give an affidavit or travel with you to a hearing on this topic?
I would research some criminal defense attorneys in Gwinnett County and petition for early release. Either if the judge doesn't order it immediately he could reduce you to "non-supervised probation and if no further problems for 12 months, then automatically terminated.
Sounds like you have a handle on life- congrats on your progress!

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