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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16783
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Im trying to file a motion to terminate my probation early

Resolved Question:

Hi I'm trying to file a motion to terminate my probation early (in yavapai county). I've completed 1yr 1 month of a sentence for 2 years. I've moved down to Maricopa county and I need to file back in yavapai county but on the county website there is no way to file or any info. I have a criminal charge for an isolated situation, undesignated felony for attempted aggr. Assault. And a misdemeanor for underage drinking. This is my first offense and It got me kicked out of the asu nursing program, so in order to further my education I must be off probation for a minimum of 2 years before I can get accepted again, is there any info I can obtain to help me?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

My name is XXXXX XXXXX I'm a criminal lawyer.

Generally, the key to a successful motion to terminate your probation early is whether probation will back you, oppose you, or stand silent when you make your motion.

Hi, Jacustomer,

If your PO is behind you, the hard work is done. Sometimes, if you ask, probation will even get the matter before the judge for you so that you can just ask. Otherwise, if probation insists you file a petition, contact your lawyer who will petition the court and ask for an early termination of probation.

Judges will generally entertain a petition for early release of probation if you've finished at least half of your time on probation, have completed all special requirements, owe no fines or fees and have been in good compliance with probation. They will do it even earlier if probation supports the petition.

If you have to do it yourself, the sample petitition is not on the web. You will probably be able to get something with at least the proper headings from the clerk of the court.
Expert:  Zoey_ JD replied 1 year ago.
Hello Allison,

Perhaps I misunderstood what you wanted. How does this not answer your question?
Customer: replied 1 year ago.
I live in Maricopa county now so yavapai county (which is the county I got into trouble) is 1 hr 30min drive from me, they transferred my probation to Maricopa but I still have to file in yavapai. My new probation officer said to go online and do it because I would be accepted since I am in great standings and I've finished 13 months of the original 24 months. he can't file for me since my charge is in a different county, so I called the last probation officer I had in yavapai and he said because of the charge that the judge would most likely not grant it even though I finished my community service hours and have no fines of fees, so he wouldn't file it. I don't have a lawyer to file for me so I'm doing everything by myself. I was told I would have to write a letter and fill out a form but I'm not sure what I have to do.
Expert:  Zoey_ JD replied 1 year ago.
Hello Allison,

Thank you for the clarification.

Unfortunately, it is not my fault that the county where you got your probation doesn't let you file conveniently on line or that your state does not have a template on the web. To rate me as a poor expert over something that's entirely out of my control is disingenous.

Nevertheless. the answer was given to you. The clerk of the court should have some kind of template. I did find this, but I really don't think it goes far enough to enumerate why the judge should do this for you. (see link)

You would want to have a written recommendation from your present PO and attach it as an addendum. And you should enumerate the points that make you a good candidate for this.

You need to show the following things:

- That you've met all of your sentencing requirements.

- that you've complied with the conditions of your supervision.

- that your adjustment under supervision has been satisfactory or better (here's where you would refer to the recoomendation of your PO and let them know it's attached.

- that there are no known reasons that you can't be considered for early termination

-That you've satisfied all of financial obligations.

And you'd end it by asking for a hearing on the matter.
___
If you can get the approval of the prosecutor, you would mention this as well, as that's a plus. You would file a copy with the court (the court clerk would tell you where you'd have to go to do that since procedures change from court to court) and serve a copy on the prosecutor.

When you are given a date, you'd go in and ask for the termination. As long as probation is in your corner and backs you, that's usually all it really takes. Although the judge doesn't have to see it the way probation does, they usually give probation's opinion great weight. If the DA also will not oppose it, the judge will likely grant it despite the nature of the case.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16783
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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