It may be possible to get your probation terminated early. Under some circumstances, our Philadelphia criminal defense lawyers may request a court hearing to ask that they terminate your supervision early. This might be necessary for your work, schooling, or other obligations. We can help you develop a strong argument for early termination and present the evidence to the judge.
When Will the Court Terminate Your Supervision Early?
The process necessary to terminate your supervision will depend on the court that handed down the sentence. There is a set process in both U.S. and local courts.
You can request early termination of your supervised release under very specific circumstances. These may include the following:
- You did not commit a serious felony
- You do not have a history of violence
- You completed at least one year of your required supervision
- You negotiated the potential to terminate probation early at the time of your plea
If you meet these criteria, our defense lawyers may petition the court to ask them to terminate your probation. If you have completed at least half of your sentence of supervised release, you can approach your probation officer about your options. In some circumstances, you can ask a court to allow termination earlier, but you should consult an attorney before speaking to your probation officer. It often strengthens your argument for termination if you have completed the required conditions of your supervision like treatment and/or community service. The Court may also consider whether you have paid off your fines, costs, and/or restitution.
The Legal Underpinnings of Early Termination
Under 42 Pa. C.S. § 9771, state and local courts have the power to terminate probation or alter the conditions of your supervision at any time. This process also requires requesting a change through the court. You will want an attorney well-versed in this process to represent you.
What is Probation, and How Can You Justify a Probation Termination Request?
Supervision is often required after release from jail or prison, or it is given instead of time behind bars. It often lasts several years and requires the party to fulfill various conditions before it ends.
Judges are unlikely to grant an early termination request without a strong reason why it must happen and is needed now. Good reasons could be related to your work, education, or family. Our criminal defense firm can help you develop a robust argument to support your request.
For a free legal consultation, call 215.515.3360
How Can You Convince the Court to End Your Supervision Early?
You can get off probation early by showing the court that you are putting forth effort and have made progress during your supervised release. Here are a few ways that you can do this:
Illustrating How You Have Changed Since Your Conviction
Telling a compelling story about your character, recent actions, and why you need early termination of your sentence will be crucial. You will want to work closely with our defense attorneys to ensure you present the strongest argument possible.
Highlighting Actions You Undertook During Your Probation Sentence
First, the court will likely examine how long you served on your supervised release. Then, they will consider your progress toward the goals set for this period. While each case is different, this often includes:
- Serving your required community service hours
- Paying restitution, fines, and other fees
- Passing drug and/or alcohol testing
- Completing a drug and/or alcohol addiction treatment program
- Attending other mandatory classes or sessions
- Reporting to your probation officer as required
Asking Your Probation Officer to Give Testimony
In many cases, people build strong relationships with their probation officers. Their support in these cases helps the court decide in your favor. At the very least, they can testify that you reported as required and submitted to the necessary testing and other components of the program.
Proving That You Have Been a Good Citizen During the Probationary Period
We can present other evidence to show your efforts and character. This may include involvement in your community, success at work or school, and other positive information about your current life and activities. Our defense law firm may also seek the agreement of the office that prosecuted you if you have been a model probationer.
How Does the Termination of Probation Process Work?
The process necessary to terminate supervision early is not complex. If you qualify, we will file a motion with the court, and the court will schedule a hearing for the motion. At this hearing, our legal team can present the evidence and ask the court to end your supervised release term.
However, just because this process is straightforward does not mean it is easy to get the court’s approval. In general, judges issue the sentences they do for a reason. If they sentenced you to three years of supervised release, they expect you to continue to report to your probation officer, avoid re-arrest, and live according to the rules of your supervised release during this entire term.
What Are Your Chance of Getting Off Probation Early?
Your chances hinge on many of the factors already discussed, including:
- What criminal charges you were convicted of
- Your commitment to making court-ordered changes and other life improvements
- How well you have followed the conditions of probation
- Your ability to reintegrate into the community
- Whether you have good reasons for requesting early termination of probation
- What evidence we can gather to show the judge that you deserve to have your request granted
The court generally needs to see a very good reason for making a change to your probation sentence. The evidence our criminal defense lawyers present to show your progress and the compelling reason for terminating your supervision are key.
What Is the Role of a Criminal Defense Attorney in Terminating Probation Early?
Our probation termination attorneys are very familiar with this process, so we are a good resource to rely on when you need to end your supervised release early. Our legal team:
- Knows the evidence necessary and how to support your request
- Knows how to present strong arguments to a judge
- Can gather the necessary information to justify the early termination of your supervision term
- Knows the specific criteria the judge will look for and present the evidence to back it up
- Can work to show your good character and reformed behavior, which is ultimately the goal of the court system
- Can find and call witnesses, such as your boss, church leader, or others who witness your good character regularly
Lastly, we can support you as you go through the process of probation termination. Seeking to change your probation term can be technically and emotionally complex. It may help to know that you have legal representation helping you with every step.
Discuss Your Options for Terminating Supervision Early With Our Attorneys
If you are in the greater Philadelphia area and have questions about terminating your supervised release early, call the Law Offices of M.J. Snyder, LLC. Our team represents clients at all stages of the criminal justice process, from immediately after their arrest through to their community supervision.
We offer free consultations. You can discuss your options and next steps with our team today at no cost. We will assess your desire to end supervision early and determine if we believe it might be possible in your case. We know how this process works and help clients manage these requests regularly. Contact our smart, aggressive team today to learn more. We can often get started right away.