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discharge from probation

  • Thread starter Thread starter candice
  • Start date Start date

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C

candice

Guest
I live in the state of Maine and would like to apply to have my probation discharged / early release? I am not sure what exactly one would call it. I have served 1/2 of my probation period, have no requirements to fill (I did have restitution but that has been paid) and have been on administrative probation for over a year now. How do I go about applying for this and what can I expect the process to be like? Any info you have would be most apreciated. Is there a web site maybe dedicated to answering this particular issue? Maybe showing people the steps to be taken?
 


T

Tracey

Guest
First, check state law to see if the court has the power to end probation early. The law you need to check is the law in effect when you committed the crime, not in effect now. A trip to the law library will be needed. :)

If it's a go, file a "Petition to Discharge Probation" in the same court & under the same case number as your conviction. (Double check your judgment and sentence to make sure it's called probation rather than community supervision or something.) Pay the motion filing fee ($20 or so) & note the motion. The same day, serve a copy of the petition & docket time on the DA and the probation department.

Go to court and hand the judge a list of your sentence/probation requirements, and the dates you completed each requirement. A neatly word-processed chart is nice. You may want to attach the chart to your petition & send copies to the DA.probation. Or you may want to sandbag them in court. Does your former probation officer support releasing you early? S/he may be able to help you draft the motion.

Look at existing court files to see examples of motions. Copy the margins, paper size, caption, line spacing, typeface, and format.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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