Early Termination of Probation
For anyone who has been on probation, the opportunity to file a motion for early termination is most likely a welcome option. Although sometimes a complex and lengthy procedure, early termination offers many benefits that make it worth whatever legwork you may have to do.
Along with not having to deal with the burden of checking in with probation officers and constantly reporting your activities, it may allow you to be eligible for a 402 reduction, which gives you the opportunity to reduce the level of your offense, while also shortening the time you have to wait to get your charges expunged or sealed.
In order to take advantage of a shortened probation, you need to meet prerequisites and go through the systematic process to become eligible. With such an important and complex course of action, having legal counsel guide you through an early termination of probation motion will give you a better opportunity to terminate, while being able to focus on moving forward in life rather than stressing about legal issues.
Salt Lake City Early Termination of Probation Attorney
If you would like to shorten the amount of time you are on probation so you can focus on more important issues, contact Salt Lake City-based Levitt Legal, PLLC to discuss your options.
With years of experience dealing with early termination motions, Darren Levitt is a qualified and informed Utah Criminal Defense Attorney who is well versed in this process, giving him the ability to effectively approach your case in the most efficient manner possible.
To get your early termination process started, or to discuss whether you would qualify, call (801) 455-1743 or send an online message to schedule a free and confidential consultation. Darren proudly represent individuals locate in and around the Utah counties of Box Elder, Salt Lake, Tooele, Utah, Morgan, Cache, Weber, Summit, Davis and Wasatch.
Early Termination of Probation under Utah Law
Utah Code §77-18-11 states that probation may be terminated at any time at the discretion or the court or upon completion without violation of 36 months of probation in felony and Class A misdemeanor cases, or 12 months in case of Class B or C misdemeanors or infractions.
It goes on to say that, if, upon expiration or termination of the probation period, there remains an unpaid balance upon the account receivable (offenders balance), the court may retain jurisdiction of the case and continue the defendant on bench probation for the limited purpose of enforcing the payment.
"Bench probation" in this case is when you have to appear in court to show proof of compliance with court ordered conditions. Failure to comply with the conditions of probations may result in a warrant for your arrest.
Early Termination of Probation Process
As for the actual process for early termination of probations in Salt Lake City, before any term or condition can be modified (or terminated), a hearing must be held in open court before a judge.
Here are some basic steps that you need to follow:
- Evaluate if you qualify – typically, the defendant will need to establish that he or she has completed the bulk of the court-ordered sentence, paid all fines and restitution, and finished all counseling requirements. This may include any terms imposed at the time of conviction.
- Notification – Once you determine that you may qualify for early termination, you must notify the prosecuting attorney and the probation officer in writing of you intention to file a motion to terminate probation.
- Create pleadings – you need to provide a notice of motion to terminate probation and file them with the court.
- Attend hearing – After the pertinent papers are filed with the court, the clerk will set a time for a hearing. At the hearing, the judge must state the reasons for any modification on the record. Before issuing an order terminating probation, the court or its clerk must notify the probation officer in writing of the courts intention to terminate probation.
Levitt Legal, PLLC | Salt Lake City Early Termination of Probation Lawyer
If you or a loved one is currently on probation and would like to discuss your options with regard to early termination, Levitt Legal offers risk-free consultations to go over whether this would be a viable direction to go in.
Darren will take all the factors of your particular case into account, and then explain the process in detail so that you are well informed and completely understand the situation. With this transparent and straightforward process, you will know exactly where you stand, along with your chances for getting off probation early and moving on with your life.
Call (801) 455-1743 to set up your free consultation and take advantage of the experience and legal aptitude of Darren Levitt today. Darren is committed to representing individuals dealing with the criminal process in and around the Utah cities of Tremonton, Brigham City, West Valley City, West Jordan, Draper, Tooele, Grantsville, Provo, Pleasant Grove, Lehi, Morgan, Logan, Wellsville, Richmond, Ogden, Park City, Oakley, Bountiful, Farmington, Midway and Charleston, among others.