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Early Termination of Probation

July 21, 2016

Being convicted of a misdemeanor in New York can mean that the person is subject to stiff probationary restrictions. The average person convicted of a felony may have to complete five years of probation depending on the offense. This means that the person may have a difficult time getting back to their normal daily lives.

What is early termination of probation?

In New York, a person may be eligible for a minimum of three years. This is the minimum requirement for people that have been convicted in New York of a felony. This state requires that a person has to comply with probation terms, which could involve regular check-ins with a probation office, drug testing, pay fines, restricted travel, and a series of court appearances.

How do you know whether or not early termination of probation is an option for you?

The terms are provided once a plea agreement has been submitted. The court sets the conditions that must be fulfilled. If you satisfy certain special conditions, you may be able to terminate your probation early. If you have completed at least 50 percent of a term, you may be eligible for this option.

What are the factors affecting one’s eligibility for this option?

There are several factors that impact the person’s ability to terminate their probation early. The terms of the plea agreement are actually defined by the court at the time the sentence has been given. The probation officer and the judge also have significant influence on this decision. The type of the charge is also a factor that may be considered. If this option wasn’t disclosed at the time of sentencing, the person may not have early probation available to them.

Who qualifies for early termination of probation?

Terminating your probation early is only an option when half of the probationary terms have been satisfied. There may also be certain conditions that must be met during probation. If this option was discussed at the time of sentencing, you will be able to exercise the option.

New York and early termination of probation

The court can terminate your probation at any time if you haven’t been convicted of a serious crime and sentenced to lifetime probation. In some cases, a person who has been sentenced to lifetime probation may be eligible for early termination. If you have had unrevoked probation for five years consecutively, you may be able to take advantage of this option to terminate your probation. Good conduct and payment history of fees may qualify you for probation discharge.

How do the courts assess the need for continued court monitoring?

In New York, the probationer’s conduct is a major factor in determining whether or not a person should continue probation. If the court feels that you are no longer in need of guidance, supervision, training and other support, you may be able to resume a normal life, enjoying the freedom that others experience.

Hiring a competent attorney to file a petition

A qualified defense attorney can assist with the process of terminating your probation. Your attorney can file the necessary paperwork with the court to change those terms. Once the attorney petitions the court, your court hearing will be scheduled. While you may not have been told you would be eligible for the probation discharge at time of sentencing, an attorney may be able to negotiate news terms on your behalf.

Being on probation limits your freedom. If you have made efforts to make desirable changes in your life, the court may amend your probation. Contact a criminal defense attorney in New York to facilitate this process as you near the 50 percent mark in your probationary term.

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