If you’ve been convicted of a crime that may be penalized by a period of incarceration, being granted probation is a major win. What’s more, depending on the details of the crime for which you’ve been convicted and your behavior, you may be eligible for early termination of probation. At the Law Office of Paul R. Moraski, our experienced Massachusetts criminal defense attorney can help. Reach out today for a consultation to learn more. 

What Is Probation?

Probation is an alternative to jail or prison time. Court-ordered, if a person is placed on probation, they are given the opportunity to serve their sentence outside of incarceration and instead in the community — although under the direct supervision of a probation officer. The terms or conditions of probation are many, and typically include a commitment to perform community service, refrain from drugs and alcohol, refrain from engaging in any criminal activity or associating with anyone who engages in criminal activity, paying fines or fees, and regularly checking in with one’s probation officer. The length of probation is determined by the judge; there is no set sentence. 

Is it Possible to End Probation Early?

In some cases, it may be possible for a probationer to end their sentence early by filing a Motion for Early Termination. According to the District of Massachusetts United States Probation and Pretrial Services Office, a person is eligible to request early termination from probation when:

• They have completed at least one year of probation, in which case they can seek early termination via attorney petition to the Court; or
• They have completed at least half of their period of supervision, in which case they can request early termination via their probation officer.

Note that those who have a history of violence or who have been convicted of a serious felony will not be eligible for early termination. 

Steps for Early Termination or Modification

If you want to file a Motion for Early Termination, it’s important that you work with an attorney who understands the process and can aid you in your application. Steps to take will include:

• Work with an attorney to draft a petition. The first thing that you and your attorney will need to do is to draft your petition seeking termination or modification of your probationary period. 
• Present your case. Once you have filed your motion, the next step will be to present your case before a judge. Your attorney should highlight your good behavior and community contributions as reasons why your probation should be modified.
• Receive court decision. The court will either approve or deny your petition. 

Get a Criminal Defense Attorney on Your Side Today 

It can be very difficult to change the terms or duration of your probation without an experienced Massachusetts criminal defense attorney. To learn more about your rights and how we can help, call The Law Office of Paul R. Moraski today at (978) 397-0011 for a consultation. We are here to advocate for you.