Whether in the Phoenix area, or anywhere in Arizona, it is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing). Normally, we recommend that a person be on “lifetime probation” for approximately seven (7) years before attempting to file a Petition for Early Termination of Probation. However, we can undertake this type of Motion at a much earlier time period if requested.
For “Standard Probation” or “Intensive Probation”, it is usually wise to have all restitution paid in full prior to filing the Petition for Early Termination. In addition, all fines and fees should be paid in full. If there have been no Probation Violations (or only small technical violations), then we usually have success in terminating probation early.
One of the first things we would do is contact the Probation Officer to open up a dialogue and develop a rapport and “get them on your side”. Many times they will not openly agree to the termination, but they will take a “no position” stance and let the Judge make up his own mind. In certain cases, we will contact the original Prosecutor to get their position as to a “no objection” or a “no position”. We will then include letters from family and friends detailing all of the positive efforts the Defendant has made since being on probation. We will also get a letter from the Defendant’s current employer, and we will include various color photographs of the Defendant with family and friends as a way to “humanize” the Defendant for the Judge. This is done in order to insure that the Defendant is perceived as a real person, and not just as a case number. We also include all certificates, awards and achievements the Defendant may have received while on probation (and even prior to being placed on probation). Lastly, we will include a written statement from the Defendant to the Judge, whereby the Defendant can express his innermost feelings regarding the subject.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Appellate Lawyers know the system well. For a free initial consultation, call us at 602-307-0808, or click here to contact us now.