We often get calls from people who want to know what it takes to terminate their probation early. There are few different factors that go into the early termination of probation. First and foremost, you have to know if you are eligible for early termination of probation. This is usually told to you at the time of sentencing. For example, the judge will say, “you are sentenced to 2 years probation but early termination is possible after one year.” This means that you MUST complete at least a year of probation before you can even ask the court if they can terminate your probation early. Now, this doesn’t mean that you will automatically be approved for early termination just because you waited the required year.
You also have to show that you have completed all of the terms of your probation. For example, if you had to take alcohol classes, do 24 hours of therapy, 36 hours of community service and pay all fines, costs, and restitution; than you have to complete all of that before you can ask for early termination of your probation. If you still have fines and costs to pay but you have completed everything else, you will not be granted early termination.
Attached to this article, is a sample motion for early termination. You can print this out and fill in the information and file it with the court. This motion is for Jefferson County, so you will have to change the caption to the county that your case resides in.
This form has you check off all the things you have completed in order for the court to know that you completed your conditions of probation. Remember, the judge will always get the input of your probation officer, so do not try to lie about any aspect of this motion or else you will get reprimanded and your request for early termination will be denied. You also must get permission from your probation officer to even submit this request for early termination. If the probation officer objects at all then your request will be denied. The requirements on this motion are as follows:
- I have completed all conditions of my probation (community service hours, classes, treatment, etc.)
- I have paid all of my fines, fees, costs, and restitution. (obtain a financial report from the court and attach)
- I have not re-offended or had any contact with law enforcement since sentencing.
- I have been compliant with monitored sobriety with no missed or positive tests.
- My probation officer has no objection to early termination.
- Other requirements that I had to complete.
Although it seems simple to complete everything and get early termination from probation, there can be a number of reasons why the District Attorney, Probation or the Judge objects to your request. The best thing you can do is stay compliant and be cordial to your probation officer. For some people, it is hard to comply with all of probations requests. However, probation is not meant to be easy. It is meant to be hard and most courts do not want to release you from their jurisdiction. Do not give anyone a reason to object to your request for early termination and it is more likely that they won’t. If you have any trouble with getting released from probation contact an attorney. M. Colin Bresee is an experienced attorney and is familiar with the prosses of asking for early termination of your probation.
Example Motion for Early Termination of Probation
Here is a link to a list of all the counties in Colorado that have probation departments.
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