Early Termination of Probation – Is it Possible?
Probation allows a criminal offender to serve their sentence within the community rather than in jail or prison. Probation can involve varying levels of supervision and rules depending on the seriousness of the crime and whether the offender is going through misdemeanor probation, juvenile probation, or felony probation. In some cases, probation is ordered in conjunction with incarceration in order to lessen the defendant’s time behind bars.
Probation can involve requirements like random drug and alcohol testing, curfews, restrictions on the people you may interact with, and locales that may be off-limits. Additionally, an individual on probation often must maintain regular check-ins with their probation officer.
However, those on probation may request to have their probation terminated early. These requests are granted on a case-by-case basis after the court reviews all the facts in the matter. Moreover, the court itself has the power to choose to terminate an individual’s probation period early if it deems fit.
Pursuant to A.R.S. 13-901, probation may not be terminated early until the prosecutor and the victim, should they request, have an opportunity to be heard on the matter. Probation will only be terminated early if the court feels that the ends of justice will be served and if the conduct of the person on probation warrants early termination.
What Makes an Individual More Likely to be Granted Early Termination from Probation?
The court will look at the whole picture when determining whether early termination is warranted. This will be different for every case and individual. The following factors are all extremely helpful for a defendant when it comes to be granted early probation termination:
- A good relationship with the probation officer.
- Completion of all classes, counseling, or screening mandated by the court.
- Fulfillment of all financial obligations from the court for fines, fees, and restitution.
- Satisfactory drug and alcohol testing results.
- Upstanding behavior.
- Abiding by any and all rules set forth by the probation requirements, with no probation violations.
- Having served approximately 50% of the ordered probation period or approximately 7-10 years of probation for those on lifetime probation.
- Little to no prior criminal history.
- Serving probation for a crime that was not extremely serious.
Failing to meet any of the above recommendations can cause an early termination application to be denied by the court.
If an individual meets the above recommendations, they can further strengthen their case for early termination by:
- Preparing a favorable written personal statement.
- Gathering photographs of themselves with family or in the community.
- Collecting character statements from their employer or community leaders.
- Collecting documents that show their achievements or positive contributions, such as achievement awards, earned certificates, awards, and similar.
All of the above can be submitted to the court with the application, motion, or request for early termination. This allows the judge to see the individual as a whole and consider their self-improvement and contributions to society. Consulting with an attorney can help to ensure that an individual has a strong enough case to warrant early termination and to provide the most compelling application or request possible.
Applications for Early Termination
For those that do not have an attorney assisting them in applying for early termination of probation, some courts offer the application online:
Yavapai County Superior Court – Application for Early Termination of Probation
Mohave County Superior Court – Application for Early Termination of Probation
Pima County Superior Court – Post Sentence Motion
In other cases, a person on probation may file their own written motion or request with the court, or have their attorney file a motion to modify probation for them.
It may take several months for the court to return a ruling on the request to end probation early.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.