Early Termination of Probation: Reasons for Probation Termination & Other FAQs Answered
Many are familiar with the concept of probation, which is often linked to criminal court cases of different degrees of seriousness.
It is a consideration that the court may take into account, offering an alternative to incarceration in Nevada. Instead of serving time behind bars, probation can be granted to defendants as a viable option.
The court usually grants probation to people who have not been in the court system before or committed a minor offense.
Types of Probation
Probation can also be given after convicted defendant finishes their prison time. They can be put on probation for a period of time after their prison sentence has been completed.
Even though you may be free from jail or prison, you are still required to comply with the court orders of your probation as a condition of not going to jail.
If you are convicted of minor charges or misdemeanors, the probation is usually considered “informal probation.”
While on informal probation:
- You will be assigned a probation officer
- You will have to complete specific court orders such as not be rearrested while on probation
If you are convicted of a more serious crime or a felony you may get “intensive supervision probation.”
While on intensive supervision:
- Your movements will be strictly monitored, and you may have to submit to electronic monitoring like wearing an ankle monitor
- Scheduled meeting with your probation officer
- Random drug tests
- Other specific requirements that can limit your movements like having to call each day when returning home from work
Whether it’s informal or more formal probation, it is definitely a preferred way to complete a sentence for a crime.
What Are the Common Conditions of Probation
The judge in your case has the final say about the terms or conditions you must abide by while on probation. For example, if you are convicted of a drug charge, you will likely have to submit to random drug tests during your time on probation.
The most common conditions of probation include:
- Avoiding any other arrests while on probation
- Regular meetings with your probation officer
- Scheduled Court appearances so a judge can monitor your progress
- Paying fines and restitution
- Staying out of certain places
- Staying away from certain people related to your case
- Not possessing any weapons
- Attending court-ordered rehab or counseling
- Abstaining from the use of drugs and /or alcohol
- Remaining in or attending school or employed
- Completing community service
- Wearing a tracking device like an ankle monitor
- Wearing a SCRAM alcohol detection device
- Submitting to scheduled and random drug tests
- Following curfew or remaining home during house arrest
While given the opportunity to be on probation and you violate the probation by not completing even one of the terms of your probation, a judge can revoke your probation at a probation revocation hearing.
If your probation is revoked, you may be sent to jail to complete your term. In most cases, the judge may give you another chance.
How Long Does Probation Last
Probation is issued on a case-by-case basis and a judge will rely on the recommendations of the Nevada Department of Public Safety Division of Parole and Probation.
Minor cases may only get a probationary period of as little as a year or a few months.
Probation periods are based on the offense and the charges and may last up to:
- 12 months for gross misdemeanors
- 18 months for category E felonies
- 24 months for category E felonies
- 36 months for category B felonies
- 60 months for violent and sex offenses
The more serious the crime the more probation time or a combination of prison and probation you will receive.
Reasons for Early Termination of Probation
Early termination of probation in Nevada is a possibility under certain conditions. It is not guaranteed, but the law does give the judge the authority to release you early based on a few key factors. This decision is always at the discretion of the court and the circumstances surrounding each individual case.
- Compliance with Probation Terms: One of the main factors that judges consider is whether you have complied fully with the terms of your supervision. This includes regular check-ins with your probation officer, attending all required meetings, and refraining from any further legal trouble. You have not had any probation violations in the past 12 months
- Employment Opportunities: If your probation is hindering your ability to secure gainful employment or advance in your career, this might be taken into consideration. However, this is usually considered alongside other factors, such as compliance with probation terms.
- Avoiding Arrest: Having a clean arrest record for the duration of your probation can help in getting an early termination. Your criminal history should be free of any new arrests or pending charges.
- Completing Rehabilitation Requirements: If your original sentence was linked to substance abuse or addiction, judges often consider successful completion of rehab programs as evidence that you are unlikely to re-offend. For example, with DUI ,passing DUI school and completing any other programs prescribed in your sentence can result in a smoother early termination process.
- Paid Fees & Restitution: You must have paid all fines, court costs, or restitution payments ordered by the court to be eligible for an early termination.
If you do not meet these requirements you may still request an early termination of probation. Note that this process is complex and requires careful navigation. It is strongly recommended to seek the advice of a legal professional if you are considering petitioning for early termination of probation.
Filing for an Early Termination of Probation
You can file for early termination of probation at any time during the probationary period.
Keep in mind though that many courts and judges require you to complete a certain amount of time of your probation before considering early termination.
Filing an early termination request before that period of time is met is a waste of time and money.
An experienced defense team can determine the amount of time you need to complete your probation before applying for early termination of probation.
Judges determine early termination of probation on a case-by-case basis but will more likely grant this request if you have:
- Been compliant with all terms of your probation, and
- You have paid all the restitution if ordered by the court
Once you have accomplished the two items above and have served the specific amount of time required you can apply for an early termination of probation.
You and your defense must:
- File a motion with the court for an early release from probation
- The judge contacts the district attorney and the probation officer for their input as to whether or not you deserve to be off of probation early, the judge may also request a hearing be held in open court regarding your early termination of probation
- The judge will decide on whether or not to grant your motion.
Some judges will never grant an early release from probation in any case.
Other judges will determine each case as it comes and take into consideration other factors such as:
- Previous convictions
- Other criminal proceedings against you
- The time that has elapsed since your most previous convictions
- The number of times you have been on probation previously
- The nature of the offense that landed you on probation in the first place and how many victims were affected
The Advantages of a Discharge of Probation
If you have complied with all the requirements of your probation including free from new arrest or paying all the restitution you may be granted an early termination of probation request.
The advantages of an early termination are:
- Your civil rights will be retired earlier, for felony defendants
- There is no more risk of violating probation and being returned to jail
- Being able to return to a normal life sooner
Call the Defenders if You Are Seeking an Early Termination of Probation
Filing a motion for early termination of probation might seem like something that is easy just file some paperwork with the court right?
Not always the case. A majority of defendants that try and file their own motions with the court fail.
This is due to filing too late or not filing the paperwork correctly.
Simple clerical errors have caused people to lose out on early release from jail or probation or even post-conviction relief because the paperwork was not filed properly.
A good defense team can advise you on what motions they should file on your behalf and fill out the paperwork properly for you.
Your case has a better chance of getting a positive outcome with the help of a defense team.
You will be advised by your team so you will never be surprised.
Call The Defenders today if you are seeking early termination of probation.