Montana 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

Under the law, a probationer must successfully complete 2/3 of the actual probation time imposed upon them before they can seek early discharge. Further, there is an amount of time AFTER obtaining a conditional discharge that a probationer must wait before the early release from probation can be granted.

Revocation of suspended or deferred sentence. (1) Upon the filing of a petition for revocation showing probable cause that the defendant has violated any condition of a sentence or any condition of a deferred imposition of sentence, the court may issue an order for a hearing on revocation.

Individuals who perform well on supervision may be considered for early termination; however, any violation conduct will jeopardize consideration.

What is a conditional discharge? In Montana, if a person is convicted of a felony level crime and is serving probation, there is a process called conditional discharge. This allows that person to petition the court to allow them to end probation early and then later terminate the sentence early with the courts.

Client Resources, which includes urine testing and services such as counseling and detoxification, mental health treatment, and electronic reporting, are provided by the Montana Probation Office.

You shall not frequent places where controlled substances are illegally sold, used, distributed, or administered. You shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.

Under Iowa Code section 907.9, at any time that the court or the probation officer determines that the purposes of probation have been fulfilled and probation fees and court debt have been paid, the court or the probation officer may order the discharge of a person from probation.

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Montana Motion to Release on Earned Probation