Motion to Release on Earned Probation
Understanding this form
The Motion to Release on Earned Probation is a legal document that allows a defendant to request their release from custody after serving their sentence. This form is specifically for individuals who have completed their time and are looking to start their probationary period. Unlike other motions, this one focuses on a defendantâs eligibility for probation based on successful completion of their sentence and certain eligibility criteria.
Key components of this form
- Details of the sentencing date, term length, and supervised probation.
- Information on the defendant's time served and credit for prior incarceration.
- Statements affirming that the defendant is not a sexual offender and is eligible for Earned Probation.
- A request for release on Earned Probation.
- Certification of service to the Assistant District Attorney.
Common use cases
This form is used when a defendant wants to initiate the process of being released on probation after completing their custodial sentence. It is applicable in cases where the defendant has fulfilled the required time and meets the eligibility criteria outlined in their sentencing agreement. If you or someone you know has served their full sentence and is looking to transition to probation, this form is essential.
Intended users of this form
- Individuals who have completed their custodial sentences.
- Defendants seeking to begin their probationary period.
- Persons who are not classified as sexual offenders as per legal definitions.
- Individuals who have maintained a clean conduct record during their incarceration.
Steps to complete this form
- Fill in the date of sentencing and specifics of the custody term.
- Include the number of years and any applicable probation period.
- State the number of days credited for time served prior to sentencing.
- Confirm the defendant's eligibility and lack of convictions for sex crimes.
- Add signatures where indicated, and ensure proper service to the Assistant District Attorney.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Typical mistakes to avoid
- Failing to include all required personal information.
- Neglecting to specify the details about prior incarcerations and credits.
- Not signing or improperly signing the document.
- Forgetting to serve a copy to the Assistant District Attorney.
Benefits of completing this form online
- Convenience of downloading and printing the form immediately.
- Editability to ensure that all details are accurately filled in.
- Access to reliable legal templates drafted by licensed attorneys.
- Time savings by having a structured form versus creating one from scratch.
Form popularity
FAQ
Learn About Your Options: Talk to a Defense Attorney Today When those terms are broken, the person serving probation can face severe consequences and penalties, including the possibility of additional probation terms, significant fines, a revoked probation or, more significantly, jail time.
What is the difference between probation, parole or supervised release? Probation is a term of community supervision imposed by the court in lieu of a prison sentence.Supervised release is a period of community supervision imposed by the court to be completed after release from a jail or prison sentence.
Step 1: Consult an Experienced Defense Attorney File a request with the court to terminate your probation early. Navigate the legal process. Develop a convincing argument as to why you deserve to be released from probation, and. Make your case before the judge at your hearing.
In the federal system, supervised release (sometimes also called special or mandatory parole) is a preliminary period of freedom for recently released prisoners. It's imposed at the time of sentencing, and is for the prisoner to serve after completing his or her prison sentence.
Under California Penal Code Section 1203.3, you could have your probation terminated.A probation termination does not automatically get granted. It will be up to a judge and their discretion to determine the outcome of your case.
The most common types of probation programs are supervised probation, unsupervised probation, community control, shock probation and crime-specific probation. Community control is more intensive than regular supervised probation, and offenders are usually required to wear ankle bracelets.
Parole is a conditional release from prison that allows a prisoner to rejoin the community after serving all, or a part, of his or her prison term. Probation, on the other hand, is a sentencing order that allows a person convicted of a crime to remain out of jail altogether.
For a misdemeanor conviction or an infraction, you can file a petition and ask the judge to terminate your federal probation at any time. For a felony conviction, you can file a petition and ask the judge to terminate your federal probation after one year.
