New York 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

After you have completed at least one year of supervision, your attorney can petition the Court, or. After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.

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.

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.

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.

A probationer is not allowed to move to another state to live without contacting that Receiving State. Permission is required FIRST from the Receiving State in most cases. The Sending State must complete a form that presents a snapshot of the case and forward it to the Receiving State.

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.

I am writing to request an early release from probation formally. I believe that I have successfully completed the terms and conditions of my probation and have demonstrated significant personal growth and positive changes since the start of my probation 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.

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New York Motion to Release on Earned Probation