Hawaii Motion to Release on Earned Probation

State:
Multi-State
Control #:
US-00857
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion to Release on Earned Probation. It is used when the Defendant has completed serving the time he/ she was sentenced to, and now asks to be released in order to begin his probationary period. This form is applicable in all states.
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FAQ

In Oregon, you're required to finish out whatever term is left on your probation sentence in jail. For example, a person with a six-year probation term, who had their probation violated at the three-year mark would then spend three years behind bars.

To obtain early termination, you must request a hearing with the court and file a motion for modification of probation at least two days prior to the hearing. The prosecutor and court must both receive the motion. Your lawyer may talk to the prosecutor in advance to see if they oppose the motion.

§706-625 Revocation, modification of probation conditions. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration.

The court shall provide, as an explicit condition of a sentence of probation, that the defendant: (a) does not commit another federal or state crime during the term of probation; (b) reports to a probation officer as directed by the court or the probation officer; (c) remains within the jurisdiction of the court, ...

There are many different types of technical violations in the state of Maryland. These occur when you are not committing a new offense but instead violating one of the rules involved with probation. Some of these include: Not doing your court-ordered community service. Missing an appointment with your probation officer.

If you violate probation the court has the option to either continue on probation or send you to prison. (This being said, ing to the 2000 report, some felony probation cases receive some jail time before they start their sentence of probation.

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Hawaii Motion to Release on Earned Probation