Conditional discharge is a form of deferred adjudication in which the sentence is served with probationary conditions attached, under which the full penalty may be reinstated upon a violation of the terms of probation during the stated probationary period. Availability of conditional discharge, conditions and lengths of probationary periods vary by state and by the individual case. It is more commonly used in cases of first offenders and juvenile offenders.
Michigan Motion for Probation or Conditional Discharge
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Beyond statutory probation conditions requiring a person to avoid criminal behavior, not leave the state without permission, and report as specified by the agent, the court is free to impose special conditions of probation based on the person's criminal, personal history, and criminogenic needs.
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.
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.
(b) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a felony: (i) For a first violation, jail incarceration for not more than 15 days. (ii) For a second violation, jail incarceration for not more than 30 days.
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.
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.
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.