At times, when a defendant is convicted of a crime, the court may grant them a term of probation in lieu of jail time for their sentencing. Probation will typically involve a set of terms that a defendant must adhere to for a set amount of time. This can involve anything from regular drug testing to having to maintain a consistent address for a probation officer to check on them. While probation is certainly preferable to incarceration, probation is still highly restrictive of a defendant's ability to live their life. One option available to defendants is the filing of a motion for the early termination of probation in Lancaster County. These motions are commonly filed with the Adult Probation department of the Lancaster County Court of Common Pleas.
Termination of Probation in Lancaster County
Filing a motion for early termination of probation often requires a good degree of patience and dedication on part of the defendant. Not only must the defendant adhere to all the terms of their probation while preparing to file the motion, they must also complete any requirements assigned by the court. This may include things such as counseling, community service, or any rehabilitative programs associated with the crime. Upon completion of these programs, a defendant may still have time on their probation sentence left over, in spite the progress they have achieved through participation and completion of their assigned programming. At this stage, it may be appropriate to consider filing a motion for an early termination of probation. When filing this motion, the court will consider some of the following factors:
- Any and all infractions or violations during the time of probation
- The defendant's willingness to cooperate with probation proceedings
- The strength of the defendant's argument in the motion
- The defendant's criminal history
Hearings for Termination of Probation in Lancaster County
The first step is to schedule a hearing to present the motion. The probation officer may initially agree to the motion and allow a defendant to have an early release from probation. If the probation officer does not agree, then a hearing will be necessary. A defendant will be required to present important evidence to show their side of the case, and support their motion to have their probation terminated.
When a person seeks to terminate their probation prior to the scheduled time from the court, it can be difficult to find the time necessary to build a strong case. An attorney involved in the filing and hearing process can strongly influence the outcome of a motion. A successful motion requires strong evidence and an argument, and an attorney will be able to provide the necessary expertise for each.
If you or a loved one is seeking relief from probation, contact attorney Joseph D. Lento today.