Early Termination of Probation
Anyone on probation has the right to petition the court for early termination of probation. These motions can be granted when the probationer has completed all special conditions of probation such as the payment of fines, and the completion of treatment and community service. In many cases, the court prefers to wait until the probationer has served at least one half of the period of probation originally imposed.
Early Termination of Probation Attorney in Garden City
At the Law Office of Stephanie Selloni, we can help you evaluate your chances of getting off probation early. Call today for a free consultation to discuss your particular facts and circumstances. We represent clients in filing and litigating motions for early termination for any probation in Long Island, including Garden City, Mineola, Hempstead, Westbury, and the surrounding areas. Requesting early termination of probation can ultimately save you time and money. Don’t face the judge alone. Call us at (516) 972-1212 to discuss the particular facts and circumstances of your case.
Early Termination of Probation Information Center in New York
- Standards for Terminating Probation Early under CPL § 410.90(3)
- Filing Motions to Terminate Probation in Nassau County
The court can allow a defendant to be discharged from probation before the full term is complete, if the court determines that the continued supervision is no longer needed. The standard is whether the judge is of the opinion that the defendant:
- does not need the guidance, training or other assistance provided by probation;
- has diligently complied with the terms and conditions of probation; and
- termination is not adverse to the protection of the public.
In determining whether early terminate of probation is appropriate, judges in the State of New York are accorded considerable latitude. At the hearing on the motion to terminate probation early the court will consider the probationer’s health, habits, conduct, and moral propensities. The court can rely on hearsay or information contained in a presentence report. The court can consider the circumstances of the underlying criminal charges and the probationer’s criminal, social, employment, family, economic, educational, and personal history.
At the Law Office of Stephanie Selloni, we believe that thorough preparation often leads to the best results. The motion for early termination should contain as much favorable information about the probationer’s life as possible. It is helpful to include information from employers or character witnesses. Your Garden City probation attorney should talk with the probation officer and prosecutor ahead of time to prepare for any objection.
If you are interested in terminating your probation early, call us to evaluate your case. Terminating probation early can save you time, money and frustration. Having a criminal defense attorney experienced in filing and litigating motions for early termination in Nassau County, Suffolk County, and the surrounding areas in Long Island.