Maine 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

Probation Services It is imposed on an adjudicated client who is placed under supervision in lieu of or subsequent to incarceration, with a requirement to comply with certain standards of conduct.

Ing to Maine code §1206 states if a person If a person on probation is convicted of a new crime during the period of probation, the court may sentence that person for the crime and revoke probation.

The Court will sentence a defendant to probation or to a term of incarceration followed by a term of supervised release. Probation is a Court ordered sentence issued as an alternative to jail or prison. Individuals under supervision (probation or supervised release) are assigned to a Probation Officer.

Failure to comply with requirement of probation. If the alleged violation does not constitute a crime and the court finds by a preponderance of the evidence that the person on probation has inexcusably failed to comply with a requirement imposed as a condition of probation, it may revoke probation.

If you are released on personal recognizance bail, it means that you are promising to appear. If you have posted cash or surety bail (real estate), posting that cash or surety is your promise to appear. If you do not appear, you risk forfeiture of the bail or surety among other penalties.

While judges have discretion in sentencing, the law mandates judges to impose a mandatory minimum sentence for certain drug felonies. Mandatory minimum means that a judge cannot grant a sentence below a term of jail without finding exceptional circumstances.

The Court will sentence a defendant to probation or to a term of incarceration followed by a term of supervised release. Probation is a Court ordered sentence issued as an alternative to jail or prison. Individuals under supervision (probation or supervised release) are assigned to a Probation Officer.

Maine classifies misdemeanors into two categories: Classes D and E. Class D misdemeanors may result in up to 364 days in county jail and a fine of up to $2,000.00. Class E misdemeanors, on the other hand, can lead to a maximum of six months in county jail and a fine of $1,000.00.

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Maine Motion to Release on Earned Probation