It may be possible to get your probation terminated early in Philadelphia. Supervision is often required after release from jail or prison or given instead of time behind bars. It often lasts several years and requires the party to complete several various conditions before it ends.
Under some circumstances, a criminal defense attorney may request a court hearing to ask that they terminate your supervision early. This might be necessary for your work, schooling, or other obligations. They can help you develop a strong argument for early termination and present the evidence to the judge.
When Will the Court Terminate My Supervision Early?
The process necessary to terminate your supervision will depend on the court that handed down the sentence. There is a set process in both U.S. and local courts.
You can request early termination of your supervised release under very specific circumstances. These include:
- You did not commit a serious felony
- You do not have a history of violence
- You completed at least one year of your required supervision
If you meet these criteria, your attorney can petition the court to ask them to terminate your probation. If you have completed at least half of your sentence of supervised release, you can approach your probation officer about your options.
Under 42 Pa.C.S. §9771, state and local courts also have the power to terminate probation or alter the conditions of your supervision at any time. This process also requires requesting a change through the court. You will want an attorney well-versed in this process to represent you.
For a free legal consultation, call 215.515.3360
How Can I Convince the Court to End My Supervision Early?
You must show the court that you are putting forth effort and have made progress during your supervised release. Telling a compelling story about your character, recent actions, and why you need early termination of your sentence will be crucial. You will want to work closely with your attorney to ensure you present the strongest argument possible.
First, the court will likely examine how long you served on your supervised release. Then, they will consider your progress toward the goals set for this period. While each case is different, this often includes:
- Serving your required community service hours
- Paying restitution, fines, and other fees
- Passing drug and/or alcohol testing
- Completing a drug and/or alcohol addiction treatment program
- Attending other mandatory classes or sessions
- Reporting to your probation officer as required
In many cases, people build strong relationships with their probation officers. Their support in these cases helps the court decide in your favor. At the very least, they can testify that you reported as required and submitted to the necessary testing and other components of the program.
Your attorney will also present other evidence to show your efforts and character. This will include involvement in your community, success at work or school, and other positive information about your current life and activities. Your attorney may also seek the agreement of the office that prosecuted you if you have been a model probationer.
How does This Process Work When Probation Is Terminated Early?
The process necessary to terminate supervision early is not complex. Your attorney will file a motion with the court, and the court will schedule a hearing for the motion. At this hearing, your lawyer will present the evidence and ask the court to end your supervised release term.
However, just because this process is straightforward does not mean it is easy to get the court’s approval. In general, judges issue the sentences they do for a reason. If they sentenced you to three years of supervised release, they expect you to continue to report to your probation officer, avoid re-arrest, and live according to the rules of your supervised release during this entire term.
They generally need to see a very good reason for making this change. The evidence your attorney presents to show your progress and the compelling reason for terminating your supervision are key.
What Is the Role of a Criminal Defense Attorney in Terminating a Probation Early?
A probation termination attorney familiar with this process in your area is your best resource when you need to end your supervised release early. They will know the evidence necessary and how to support your request. They also know how to present strong arguments to a judge.
Your lawyer will gather the necessary information to justify the early termination of your supervision term. They know the specific criteria the judge will look for and present the evidence to back it up. They will also work to show your good character and reformed behavior which is ultimately the goal of the court system. They may call witnesses such as your boss, church leader, or others who witness your good character regularly.
Lastly, they will give the judge a compelling reason why this is necessary. They are unlikely to grant a request without a strong reason why it must happen and is needed now. This could include work, education, or family-related reasons. Your attorney can help you develop a robust argument based on your request.
Discuss Your Options for Terminating Supervision Early With an Attorney
If you are in the greater Philadelphia area and have questions about terminating your supervised release early, call the Law Offices of M.J. Snyder, LLC. Our team represents clients facing allegations, after their arrest, through the criminal justice process, and during community supervision.
We offer a free consultation. You can discuss your options and next steps with our team today at no cost. We will assess your desire to end supervision early and determine if we believe it might be possible in your case. We know how this process works and help clients manage these requests regularly. Contact us today to learn more. We can often get started right away.