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Early Termination of Probation in New Jersey

April 8, 2016

Clients often ask whether it is possible to be released early from probation. New Jersey law does give judges the authority to release defendants from probation early. Pursuant to N.J.S.A. 2C:45-2, the court, on application of a probation officer or of the defendant, or on its own motion may discharge a defendant from probation at any time.

The experienced New Jersey criminal defense attorneys at the Law Office of Randolph H. Wolf have represented clients in successfully obtaining early termination of their probation with the court. Doing so requires the drafting and filing of a motion to terminate probation early with the court, as well as a hearing before the judge.

Generally, in order to be released early from probation, you must have paid off your fines and completed all court ordered classes and treatment. Moreover, the court is more likely to grant your motion if you have completed at least half of your probation sentence. In deciding whether to terminate probation early, the court will also consider your criminal history, age, the nature of the offense, and whether or not you have complied with the terms of your sentence, among other factors. In addition, the court will consider your behavior on probation, the length of time you have been on probation, your reason for requesting early termination, and any other factors the judge determines are relevant. Your chances of the court releasing your early from probation will be much higher if your Probation Officer (“PO”) recommends early termination.

Just recently, the attorneys at the Law Office of Randolph Wolf successfully represented a client who sought to be released early from probation. The client was convicted of theft by deception and sentenced to 18 months of probation. At the time of the offense, the client was a 60 year old male who successfully ran his own business. At the time he retained us to represent him, the client had successfully completed all terms of his probation, paid his court fines, and had no violations of probation.

We demonstrated to the court that the client had lead a law-abiding life for a substantial period of time before the commission of underlying offenses. We also expressed to the court that the client had continued to show that he was invested in his community, and was a productive member of society. In the end, although the client had only served 9 months of his probation sentence, the court ultimately granted our motion, thereby releasing the client from probation.

If you are interested in filing a motion with the court for early termination of probation, contact us today to determine whether you would be a good candidate. We are available anytime for a free consultation at (732) 741-4448.

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