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Federal Probation, Supervised Release, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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Old 06-10-2019, 12:31 AM
Shawny30058 Shawny30058 is offline
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Default Early Federal Probation Termination

Hi, i was wondering has anyone ever tried to file for early termination of Federal Probation without a lawyers representation?
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Old 06-10-2019, 07:52 AM
fbopnomore fbopnomore is offline
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The chances for success are much higher when US Probation initiates the process. My guess is that a lawyer would be second, and filings by the inmate would be third. It all depends on the judge.
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Old 06-10-2019, 06:52 PM
worldwide worldwide is offline
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I recently had this discussion with my PO as I am eligible to apply for early termination after completing more than 50% of my probation. I was told most people file a motion for early term pro se (on behalf of themselves). Literally most people just write a letter to the judge. The judge will then ask Probation's opinion and also the prosecutors office. If no one objects then usually the judge goes along with it.
If your case is pretty straight forward, you have been in compliance with probation without any issues and completed more than half your time on probation/SR then I think whether you choose to use an Atty or do it yourself shouldn't make a difference. The issue comes in if you believe the prosecutor will not agree, probation will not agree or if you have some other complications in your case. I think under this situation it would be best to have an Attorney write up the motion making an argument on your behalf. I will say each district does things a little different and, the time they require before they generally allow early termination.
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Old 06-10-2019, 08:38 PM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by worldwide View Post
I recently had this discussion with my PO as I am eligible to apply for early termination after completing more than 50% of my probation. I was told most people file a motion for early term pro se (on behalf of themselves). Literally most people just write a letter to the judge. The judge will then ask Probation's opinion and also the prosecutors office. If no one objects then usually the judge goes along with it.
If your case is pretty straight forward, you have been in compliance with probation without any issues and completed more than half your time on probation/SR then I think whether you choose to use an Atty or do it yourself shouldn't make a difference. The issue comes in if you believe the prosecutor will not agree, probation will not agree or if you have some other complications in your case. I think under this situation it would be best to have an Attorney write up the motion making an argument on your behalf. I will say each district does things a little different and, the time they require before they generally allow early termination.
This is what we have been told as well. It is pretty straight forward. The probation officer is the one that first told us that my husband will be eligible after 6 months. (His SR period is a year). They basically want to have the POs lighten their caseloads so this is how they do it. Weíre usinf a man attorney because we donít want there to be any issues however the attorney even said itís barelt even 2 hours of work. Just drafting the motion, getting a court date and thatís basically it. The Po, and prosecutor have a chance to object and it goes up in front of the judge who has the ultimate decision.
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