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Probation, although a much more attractive alternative to a prison sentence, is still a difficult and time-consuming process that severely restricts your ability to live life as you normally would. Because of this, everyone who is currently on probation are most likely very willing to take the steps necessary to terminate earlier than originally agreed upon by the court.
For those who comply with the terms of their probation, Ohio does allow for an individual to have the opportunity to apply for early termination. Working with a qualified criminal defense attorney can make this process much simpler for an individual, allowing for a stress-free and professional approach to getting your freedom back.
Probations can be a godsend for those who may have just as easily gone to jail, but after being in the quasi-free status for some time, the need to move on with your life usually becomes quite apparent. Considering that there is a possibility for early termination, finding out where you stand should be a high priority if you feel as though you are ready to move on with your life.
Brian Joslyn, of the Joslyn Law Firm is well-versed in the early termination process and can take your step by step through the process and make certain that you are well taken care of. As a knowledgeable and dedicated criminal defense attorney, Brian will make sure to do all that he can to provide excellent client service along with a favorable result.
Call (614) 444-1900 or send an online message to schedule a free consultation to discuss your options for early termination of probation in Ohio.
Probation is period of supervision for a convicted offender (felony or misdemeanor) in lieu of prison/jail term for a specified length of time. The execution of the sentence is suspended and the defendant is placed under the supervision of the court. The period of supervision can be up to five years. Once placed on probation, the offender is expected to abide by the conditions the court imposed. The probation services can be done either by the Common Pleas Court Probation Department or by the Adult Parole Authority.
According to Ohio Revised Code §2951.06, upon entry in the records of the judge or magistrate of the probation sentence, the defendant shall be released form custody as soon as the requirements and conditions required by the judge have been met. The defendant shall continue under the control and supervision of the appropriate probation agency, to the extent required by law.
As for laws regarding the probationary period, ORC §2951.07 states that a probation continues for the period that the judge or magistrate determines and, subject to the five-year limit specified in §2929.15, may be extended. If the offender under probation absconds, or otherwise leaves the jurisdiction of the court, without permission, or if the offender is confined in any institution for the commission of any offense, the period of probation ceases to run until the time that the offender is brought before the court for its further action.
It is the policy of the Department of Rehabilitation and Correction, that offenders on probation who have complied with the conditions and or sanctions of supervision and have obeyed the rules and regulations of the Court as they apply to the offender, may be recommended for a termination from probation, provided the recommendation is not contrary to the policy of the sentencing court.
Offenders who successfully comply with the conditions of supervision and/or sanctions should have their case routinely reviewed annually at a minimum, to determine if a recommendation for early termination is appropriate. The results of this review shall be documented in the case file.
Pursuant to Section §2929.15 of the Ohio Revised Code, no offender on community control or probation shall be supervised beyond the time frame specified in the sentencing journal entry unless extended by the sentencing court. In addition, Ohio law limits probation/community control supervision period to no more than 5 years.
To apply for early termination, Recommendation for Termination of Probation/Community Control reports must be submitted on DRC Form 3065, which outlines any special conditions or sanctions, which were imposed upon the offender and the date of completion. This includes financial obligations and if the offender has been involved in any violation behavior during the period of probation or community control.
The probation officer with the conduct a local record check to make sure there are no warrants or unreported arrests during the supervision period, along with an outline of the individuals history of supervision which describes any criminal activity in which the offender has been involved, including:
If the termination is granted by the court, then the supervising unit shall remove the offender from agency statistics and close the case in CCIS.
If the termination is denied by the Court, the appropriate parole officer and/or unit shall submit a Special Report detailing the reasons for the denial and establish a follow- up date, no longer than six months, for the next routine reassessment.
Adult Parole Authority Policies – This web site contains information about the policies for release and supervision of adult felony inmates returning to communities from prison, as well as assisting courts with supervision duties for felony offenders.
United State Probation –Southern District of Ohio – This site has information on the agency and its purpose with regard to aiding the courts in streamlining the process of probation. It also include local rules, supervision practices and helpful links.
If you are currently on probation and would like to discuss your options for early termination, the Joslyn Law Firm is here to give you a full and comprehensive understanding of what is required of you. Brian Joslyn is prepared to help your through the complicated process and will make sure you are well taken care of.
Call (614) 444-1900 to schedule a risk-free consultation to go over your case and see if early termination is a viable option. Brian proudly represents individuals in and around the Ohio cities of Dublin, Westerville, Plain City, Newark, Buckeye Lake, Utica, Baltimore, Bremen, Ashville, Circleville and Williamsport, among others.