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Home / Criminal Defense Resources / What is Early Termination of Probation and How Can I Qualify?
Probation is often preferred to serving jail time for a criminal offense. However, probation is not without its challenges. Serving probation can be costly and time-consuming, depending on the conditions of your probation.
Fortunately, Ohio probation laws allow for early termination of probation. However, you must serve at least one-half of your probation term. Early termination of a probation sentence can save you money. It can also allow you to move forward with your life free from court supervision.
Working with a Cincinnati criminal defense attorney can help you successfully complete the process for early termination of your probation. A lawyer will guide you through each step and complete and file the appropriate documents with the court.
Table of Contents
Probation is a period of supervised release for a person convicted of a misdemeanor or felony criminal offense.
The term of probation depends on numerous factors, including:
The maximum term for probation in Ohio is five years.
During probation, a probation officer monitors your activity. The judge determines the conditions of probation and how often you must report to your probation officer.
The purpose of probation is to foster good conduct and reform without requiring the individual to be incarcerated. Therefore, the judge may impose several requirements or conditions that you are expected to follow.
Examples of probation conditions include, but are not limited to:
In some cases, a person may not possess a firearm or other dangerous weapon. In addition, people on probation are generally prohibited from associating with anyone involved in criminal activities. Violating other laws while on probation may result in the court revoking probation.
The judge may revoke, modify, or reinstate probation after a violation. However, you could also face harsher punishments for violating probation than the initial sentence imposed by the court.
To qualify for early termination of probation, you must have served at least 50% of your probation period and successfully completed all probation requirements.
The factors a judge considers when deciding whether to terminate probation early include:
Generally, judges want to see positive steps of improvement during the probation period. Going back to school, maintaining a job, working as a volunteer, and maintaining a positive relationship with your probation officer work in your favor.
Any violations of probation terms work against you when applying for early termination of probation. Ideally, you want a spotless probation record when filing a motion for early termination of probation.
Your attorneys must file a motion with the court asking for early termination of probation. You may file a motion without a lawyer, but hiring an early termination of probation lawyer can improve your chance of success.
In addition to filing a petition with the court, you must also submit a Recommendation for Termination of Probation/Community Control report on DRC Form 3065. The form lists specific conditions of your probation and the date you completed the requirements. It also lists any probation violations.
Your probation officer will check for outstanding warrants or unreported arrests during your probation period. The officer will prepare a report that includes your history and attitude during the probation period. The probation officer notates any remaining problems or issues that would potentially prevent early termination of probation.
The court schedules a hearing on your motion to terminate probation early. At the probation hearing, the judge may ask questions or request evidence showing you met the conditions of your probation.
If the judge grants your motions for early termination of probation, you are released from court supervision, and your case is closed. If the judge denies your request, a report is submitted detailing the reasons for the denial. A follow-up date is set within six months for a routine reassessment.
An attorney understands the process and requirements for terminating probation early.
Things that an attorney can do to help you terminate probation early include:
An attorney helps you show the court that you deserve to be released from probation early. If you believe there could be a problem with your probation officer, a lawyer can discuss the matter with the officer before filing a motion with the court. Your attorney may be able to resolve issues before they become a problem at your probation hearing.
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Do you have questions about a criminal charge or probation? Contact an experienced criminal defense attorney in Cincinnati, OH for help. Learn more about your legal rights and gain legal advice you can use during your free appointment with an attorney.
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