Once a person is convicted of a crime, the court may offer them a chance at probation rather than being sentenced to jail. Probation is a term of sentencing that allows a defendant to remain outside of incarceration, provided that they adhere to a number of terms set by the court. Common terms of probation will normally include some form of supervision by a probation officer, drug and alcohol screening, and possible participation in court ordered community service or rehabilitation programs. Probation is set for a period of time that the judge deems appropriate. Throughout this time a defendant must complete what is required of their probation while adhering to the terms of it. When a person wishes to negotiate matters pertaining to their probation, they must do so with the Adult Probation Division of the Delaware County Court of Common Pleas, located in Media, PA.
Requests for Termination of Probation in Delaware County
Even though a person is not incarcerated while under probation, the terms of probation can still feel very restrictive. Between fulfilling court obligations, and meeting with a probation officer, a person may find little time available to themselves. If a person is assigned community service or other programs, they may fulfill these obligations before their probation sentence is completed. If this is the case, the may wish to terminate their term of probation early. The court will consider the following when determining if termination of probation will be allowed:
- The criminal history of the defendant
- Any violations of the defendant's terms of probation
- The defendant's ability to defend their argument to terminate probation
- The probation officer's opinion on the defendant's overall cooperative attitude
Hearings for Termination of Probation in Delaware County
Once a defendant has filed their motion for a termination of probation, the court will then notify their probation officer. Once notified, the probation officer can either agree or disagree with the motion. If the probation officer agrees, there is little to discuss, and the defendant can begin the process for ending probation. If the probation officer does not consent to terminate probation, however, a hearing will likely be held to determine the outcome. Hearings will be handled in front of a judge, who will make the ultimate decision in whether or not a defendant's probation should be ended. Defendants will need to back their claims up with evidence and argument, as the probation officer will likely do the same.
Although the filing of a motion to terminate probation can be done without the services of an attorney, a defendant is likely to have a better chance in court with an attorney at their side. In addition, an attorney can ensure that the initial filing is done without error.
If you or a loved one is seeking to terminate their probation in Delaware County, contact attorney Joseph D. Lento today.