North Dakota Motion to Release on Earned Probation
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FAQ
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 the defendant violates a condition of probation at any time before the expiration or termination of the period, the court may continue the defendant on the existing probation, with or without modifying or enlarging the conditions, or may revoke the probation and impose any other sentence that was available under ...
3207.1. Release, discharge, or termination of probation. 1. Whenever a person has been placed on probation and in the judgment of the court that person has satisfactorily met the conditions of probation, the court shall cause to be issued to the person a final discharge from further supervision.
Following a dismissal under Rule 32.2(f) the defendant may not be further prosecuted for the offense involved. (2) if the court determines that the interests of justice require, order the agreement terminated, dismiss the prosecution, and bar further prosecution for the offense involved. (h) Pre-Charge Diversion.
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 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.
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.
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.
