Michigan Order Releasing Defendant on Earned Probation

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FAQ

Probation automatically terminates at the end of the probation term in Texas. However, failure to complete court-ordered requirements of probation can result in an extension of supervision, or in more serious situations, revocation.

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.

If you are on straight probation, you can petition the court for early release in most instances after you have served 1/3 of your probated sentence term or two years, whichever is less. See Code of Criminal Procedure 42A. 701. This 1/3 time review is discretionary on the part of the judge.

The most common result of a probation violation is the extension of probation time itself. Additionally, the conditions of the probation are sometimes modified or even expanded. Jail time is a distinct possibility, with up to 93 days of incarceration on top of still having to serve probation.

Except as provided in subsection (7), if the court determines that the probationer's behavior warrants a reduction in the probationary term, the court may grant an early discharge from probation without holding a hearing.

If you'd like to end your probation, you can request that the judge terminate the probation early. Technically, you can do this at any time after being sentenced. However, a judge will be unlikely to grant your request unless you have completed at least half of your probationary period.

The benefits of abiding by your conditions, changing your behavior and paying your fees as scheduled could mean the early end of your probation. This is a possibility, not a guarantee. It is in your best interest to comply with the conditions ordered by the court or your Probation Officer.

Paul Tafelski, Michigan Criminal Lawyer: The banner condition of probation is that you're not to leave the state of Michigan without the court's permission.

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Michigan Order Releasing Defendant on Earned Probation