Once a defendant has served at least 50 percent of their probation term in Arizona, they realistically become eligible for early termination of probation. In many instances, this can occur much earlier than their currently listed ending date for probation. In fact, we have had several cases in which a person was given lifetime probation, yet we were able to end probation early for these individuals.
For one particular lifetime probation case, we were able to terminate their probation only one and one-half years after their sentencing. As a general guideline, we normally recommend that a person on lifetime probation should serve at least seven years before we go forward with a petition for early termination of probation. However, we can always implement this type of motion if a person is in good standing and makes the request.
For those individuals who are on standard or intensive probation, we recommend that all required restitution should be paid prior to filing the petition for early termination of probation. If there are any associated fees and fines, then these should also be paid in full before filing. Those who have no probation violations will also have the best chances for a successful outcome during a motion to end probation early.
Once a request has been made by a defendant, we will initiate the process by contacting the person’s probation officer so that we can begin developing a good rapport. While the probation officer will typically not make an agreement regarding the termination, one with good rapport will generally take a no position stance that leaves the decision up to the Judge. We may also seek a no position or open position stance from the original prosecutor who handled the case. Once this is established, we will then build a portfolio that includes letters and photographs from the defendant’s family and friends that help to demonstrate a human side of the case to the Judge. If a defendant has earned any awards, educational certificates or achievements, then these will be shared with the Judge. In most cases, the defendant will also write a letter detailing their feelings regarding why and how they will benefit from the opportunity to end probation early.
In every Arizona case, it is important to hire an AV® rated law firm that is experienced in criminal law. This is the top rating issued by Martindale Hubbell®. According to the Arizona Board of Legal Specialization, David Michael Cantor is a Certified Criminal Law Specialist, and every lawyer within his firm is listed in the Bar Register of Preeminent Lawyers®. All of our Probation Termination Lawyers have experience and knowledge working through the system, and many have also served on the prosecution side which gives them a broad view of how to navigate through the process of filing a petition for early termination of probation.
If you are seeking an early termination of probation, then contact us for a free initial consultation at 602-307-0808 or click here to fill out our online form so that we can begin working on your case today.