Each and every condition that the Judge imposed on you must be done. By Granting a Motion for Early Termination, a Judge is rewarding you for your hard work and good behavior. The Court is acknowledging that you have done everything you have been asked to do. This is not guaranteed or routine. The Court has been given full authority to use their discretion in terminating your probation. It is not appealable, and no one can force a Judge to do it.
In the case of Ziegler v. State, So. The interesting component of terminating your probation is the unwritten rule. The unwritten rule is that the Court will not terminate your probation until you have completed half of the time of the sentence. There is no case law or statute to guide this, it is just an unwritten rule that most Judges follow.
And as with most rules, it is not absolute. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. Statutory Authority Under 18 U. Standard Condition Language You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame.
Purpose This condition serves the statutory sentencing purposes of public protection and rehabilitation. This condition allows the probation office to begin the supervision process. Social science research indicates that many of the defendants who violate their conditions do so during the first six months of supervision. Remember, it is recommended that you ask a lawyer to help you with your Motion for Early Termination of Probation.
But if you cannot get a lawyer or want to do it on your own, you can find helpful information on the California Courts website:.
The process for filing a Motion for Early Termination of Probation is as follows:. There is no official court form for this motion, so you or your lawyer will have to write your own motion. Your motion will consist of these 5 parts: [].
Be aware that the clerk will charge you fees for filing documents with the court. The amount of the fees will vary by county. If you cannot afford to pay the fees, you can request a fee waiver meaning you do not have to pay the fees. Ask the clerk how much the fees are and how to request a fee waiver.
Motion for Early Termination of Probation To request early release from probation, you will need to file a Motion for Early Termination of Probation in the court where you were convicted.
Need help with your court forms? Your motion will consist of these 5 parts: [] Notice of Motion —This tells the judge what you want to him or her to do. In other words, it tells the judge that you want to be released early from probation. Declaration —This is your sworn statement that all the facts about your individual situation are true.
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