Terminating Your Probation Early: Part 2
Why Not Just Wait Until Probation Is Over?
Under no circumstances, do you want to wait until your entire sentence of probation is over if you have completed all of your conditions. Even if you have completed everything, you risk going back to jail even for a stupid or minor violation of probation. For instance, I have seen violations occur when a client could not get to probation office for a meeting because their car broke down or because they were not home when the probation officer showed up at their house. Why would you risk being on probation when you can end up in jail without a bond on a violation of probation for a technical mistake on your part. Remember, if you screw up your probation for even a minor violation, you can face up to the maximum time of jail or prison that you could have gotten when you entered the plea.
Does It Make Financial Sense To File A Motion To Terminate Your Probation?
Absolutely. If you get off probation early you will not have to pay costs of supervision any longer, you will be freer to pursue job opportunities that might not have been available to you because of your mandatory monthly reporting requirements and you will not have to take time away from your job or school to make your meetings. Also how you can put a cost on your freedom to live without supervision, mandatory drug testing and monthly meetings.
How can a lawyer help me?
You can file the motion yourself or “Pro Se” or in some cases, your probation officer may do it for you. A probation lawyer can file the motion for you as well and believe it or not most attorneys do not charge an outrageous fee to do such a motion. If you hire a lawyer to help you, they can sometimes get a hearing date quicker than you can yourself. The lawyer can also craft the type of argument that will convince the Judge as they have familiarity with the Court because they appear before him or her. In many cases, you may not even have to appear in court if the lawyer can get the Judge to grant the motion in chambers. Usually, the cost of the motion will be cheaper than continuing to pay costs of supervision for the rest of your term especially in cases of DOC or Felony probations. Even in misdemeanor cases the lawyer’s fee will be competitive and makes good financial sense to at least try the motion.