Once
all special conditions of probation or community
control have been satisfied an attorney can motion the
court to terminate the remainder of a person's probation
or community control. This is often referred to as
Early Termination of Probation. This is a relatively
quick procedure and in most cases these are granted
without objection.
Special Conditions of probation are those that the
judge must announce on the record. These can be
community service, paying of fines, completion of
counseling, completion of a class, etc. These must all
be done before probation can be terminated. However, it
is best to hire an attorney in advance so that the
motion can be filed immediately.
Once
probation or community control is terminated you are no
longer subject to court sanctions and your probation or
community control is over - the term of probation or
community control ends.
A trial judge generally has
discretion whether to grant probation to a defendant. In
accordance with that discretion, the trial judge is also
entitled to modify, to reduce, or to terminate the
defendant's probation.
The trial
judge must exercise his or her power to alter or to
modify the terms and conditions of the defendant's
probation while the defendant is on probation. The trial
judge cannot alter or modify the terms and conditions
after the defendant's probation has expired, unless the
defendant's probation has been extended.
A defendant
is not entitled to a hearing regarding a trial judge's
modification of the terms and conditions of his or her
probation. The trial judge may eliminate some of the
terms and conditions without a hearing. However, if the
defendant seeks a modification of the terms and
conditions, the defendant should file an appropriate
motion.
After the
defendant has completed the statutory amount of his or
her probation, the trial judge can amend the defendant's
sentence to conform to the amount of time that was
actually served on probation and will discharge the
defendant. However, the defendant must usually satisfy
all the terms and conditions of his or her probation,
such as the payment of all fines, court costs, and
restitution, in order for his or her probation to be
terminated.
If a
defendant's probation is reduced or terminated, the
defendant is released from all penalties and
disabilities that result from his or her conviction.
However, the fact that the defendant was convicted may
be used against the defendant in any subsequent
prosecutions or in any applications for certain licenses
that are granted by a state, such as a child care
license. Contact The Sheena Law Firm today to discuss
your case.
