CAN I TERMINATE MY PROBATION EARLY?
Yes. Your status on probation can have serious impacts on your ability to seek employment, housing, financial aid, or join the military. These are all factors that could lead you to seek the early termination of your court ordered probation.
HOW CAN I TERMINATE MY PROBATION EARLY?
Don’t Commit Any New Crimes. According to Georgia law, you will be eligible for early termination of your probation if you can show the court you have not committed any new crimes (other than non-serious traffic offenses).
Complete & Comply With the Court Ordered Conditions. Your sentencing judge will take into consideration whether or not you have completed the general conditions of your probation such as maintaining employment, going to school, complying with random drug screens, paying your fines, or completing community service.
Pay Your Restitution. If paying restitution is part of your sentence, it must be completely paid before seeking early termination of your probation.
Be Patient. According to Georgia Law, if you have been sentenced to 3 years or more, the Department of Community Supervision shall submit an application for early termination to your sentencing judge within 60 days before 3 years from the date of your sentencing. That means if you have done all the things noted above, your probation officer may request an early termination for you.
If you have been sentenced to less than 3 years, or if your probation officer has not asked your sentencing judge for early termination, you should contact an experienced criminal defense attorney to help you.
HOW CAN AN ATTORNEY HELP ME SEEK EARLY TERMINATION OF MY PROBATION?
Under O.C.G.A. 42-8-37, the court may at any time…when satisfied that its action would be for the best interest of justice and the welfare of society, may discharge the probationer from further supervision.
Pursuant to Georgia Law, a criminal defense attorney can petition the court and argue on your behalf for an early termination of probation. Your lawyer will file a petition that outlines why you are a good candidate for early termination, and prepare for a hearing to convince the judge to order your early termination. The prosecutor will have an opportunity to attend this hearing and oppose your request, but your criminal defense attorney will ultimately be able argue on your behalf and try to convince the judge why an early termination will be in the best interest of justice.
