Frequently, our criminal defense law firm represents individuals who seek to terminate their probation early in Pennsylvania and New Jersey. It is important to understand that these cases are handled on a case-by-case basis and not everyone is eligible, and certainty not entitled, to have their probation terminated prior to its conclusion under the agreed upon terms or upon the terms which the Court ordered.
The purpose of probation is to ensure that a person does not engage in behavior which initially put them into trouble. Typically conditions of probation and parole are as follows:
- Remain arrest free (no new criminal charges)
- Report on time to probation officer
- Pay all costs and fines
- Maintain employment
- Pursue or complete education (GED)
- Complete an education program (i.e. anger management. Alcohol & Highway Safety School)
- Complete job training
- Stay away from victim or certain places (stores or establishments)
- Keep current child support obligations (if applicable)
Motions to Terminate Probation – What do you need to have in a motion to terminate probation?
First, most courts will not consider an early termination if there 1 year or more remaining on the probation; in some cases a course will consider it if there is more than one year remaining on the probation term.
With regards to probation, it is important to understand that before a Motion to Terminate Probation is filed, all costs and fees associated with the conviction must be paid. This means that if there are any outstanding fees owed to the Commonwealth or the State, the Criminal Court Judge will likely not grant the Motion if those fees are not paid in full.
Further, prior to making such an application, it is important to have the recommendation from the assigned probation officer with regards to the termination. In most situations, a Court will not grant a Motion to Terminate Probation early if the assigned probation officer is not in support of that Petition to terminate.
In addition to remaining compliant with all the conditions of probation, it is important to understand that if you’re employed, a letter from an employer or perhaps school transcripts are all important factors the Court will use to determine if probation termination is appropriate. Again, a Court will more then likely not grant an early termination of probation if a person is not employed or fails to complete necessary educational courses as ordered by the Court (GED).
An early termination of probation can often result in job advancement or a move to a new place. If you plan to pursue a motion to terminate probation seek the advice and counsel of qualified criminal defense lawyer
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