Can I get my probation terminated early?

Do you want to have your probation end?

Want to stop reporting to your probation officer?

Do you want to know if you can get your probation terminated early?

If you were sentenced to a long period of probation, it can feel like you can never put your past behind you.  But before you can get removed from probation, you’ll need to comply with the terms of probation.  Make sure you report as directed, pay all fines and fees, pay restitution, pass all drug screens, complete community service etc.  If you violate the terms of your sentence, it will be unlikely that the judge will allow your sentence to be terminated early.

Behavioral Incentive Dates

The law regarding early termination of probation has changed recently.  O.C.G.A. § 17-10-1 allows “Behavioral Incentive Dates” for qualified offenses.  O.C.G.A. § 17-10-1 is for (many) people sentenced to probation (and less than 12 months in jail) to be given a Behavioral Incentive Date.  The date is usually set at three years from the date the sentence was imposed.  At the Behavioral Incentive Date, the probation officer provides the court with an order to terminate probation.  There are some limitations, including restricting behavioral incentive dates to qualified offenses, certain violations preventing early termination, and allowing the prosecutor to demand a hearing.  This law that went into effect in 2017 and was applied retroactively and even applies to sentences that are silent on the issue of a Behavioral Incentive Date.

Other Laws allowing Early Termination

There are broader laws that allow the court to terminate probation early.  O.C.G.A. § 42-8-37 allows the court to ay any time discharge a probationer from further supervision.   Additionally, OCGA § 42-8-103 (d) allows the court to terminate misdemeanor probation upon a motion by the defendant when “it is satisfied that its action would be in the best interest of justice and the welfare of society.”

Strategy

To get your probation supervision to end, you’ll need to show that the interests of justice do not require further supervision. This will vary on a case-by-case basis, including nature of the offense, the character and criminal history of the defendant, and the unique characteristics of the case.

If you were sentenced to a long period of probation, and you want to be released from probation, please contact me, an Augusta criminal defense lawyer, to assist you in your case.  My phone number is 706-750-0501.