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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27770
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend needs to file a motion for early termination of

Customer Question

My boyfriend needs to file a motion for early termination of probation.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New Mexico
JA: Have you talked to a lawyer yet?
Customer: He "has" an attorney, but when he makes an appointment, she cancels at the last minute because she is in court. She also doesn't return phone calls.
JA: Anything else you think the lawyer should know?
Customer: My boyfriend was wrongly put on the Sex Offender Registry due to a change in the law. He was taken off, but continues to have a sex offender parole officer and a GPS monitoring device.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 1 year ago.
I would like a template for a motion for early termination of probation for New Mexico. Do you have one?
Expert:  Dwayne B. replied 1 year ago.

No, we are actually not allowed to provide forms or even specific language to be used in motions or other documents.

I'll opt out and open this back up for other experts.

Expert:  Zoey_ JD replied 1 year ago.


Unfortunately, there are no forms on the web for a motion to terminate probation early in New Mexico. Your best bet would be to ask for a blank form from the clerk of the court where his case is being held.

The key to this motion is not so much the form, in my experience, but whether probation agrees to let the probationer go. I've seen probation terminated favorably upon an oral application (no written motion) if the probtioner and his PO both agree that further probation is unnecessary

Here's a file showing what probation wants to see before recommending early probation in your state. As you can see probation and a judge will generally entertain a request for early termination of probation when you have finished at least half of your sentence, if a probationer has not been in any trouble while on probation, if he owes no fines or fees and if he has completed all of his special conditions. So these are the facts above that you want to include in his motion.

If his probation officer is going to back the defendant up before the judge, he should make it clear in the motion that his PO thinks he is ready now for the termination of your probation. If probation approves of the motion, in my experience the odds of the judge granting the motion is very high. If probation opposes it, the judge will likely rule with probation.

So in short, a successful motion begins first with conferencing the early termination with the probationer's PO and getting his approval.

Expert:  Zoey_ JD replied 1 year ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.