Early Termination of Probation Lawyer in Columbus, OH
Although an attractive alternative to prison, probation is still a challenging and time-intensive experience—one that dramatically restricts your ability to live life as you normally would. You might find yourself ready to start taking steps to terminate your probation period earlier than initially agreed upon by the court.
Ohio laws allow individuals who follow the terms of their probation to apply for early termination. Working with a criminal defense attorney from Joslyn Law Firm can simplify this process, allowing for a stress-free and professional approach to getting your freedom back.
Our firm has represented more than 20,000 criminal cases in Ohio and remains committed to serving all who seek legal help. This includes Ohioans who have kept a good record and followed the terms of their probation, and now seek an early release.
Brian Joslyn, our founding criminal defense attorney, is consistently recognized for his achievements inside and outside of the courtroom. Super Lawyers has awarded him the “Rising Star” honor, and National Trial Lawyers has designated him as a “Top 100 Trial Lawyer.” Columbus CEO Magazine has also honored Brian as a “Top Lawyer.”
Brian’s professionalism has earned him the Martindale-Hubbell AV Preeminent Attorney rating, an honor given only to attorneys who are ranked at an ultimate level of professional excellence. He displays the ethical standards, legal expertise, and communication skills that are vital for helping those working to end their probation term early. Brian will guide you as you take steps to start this important chapter in your life.
Columbus Early Termination of Probation Attorney
Generally, Ohio laws open the door to early probation termination once you have served at least 50 percent of your probation. Even then, this matter is completely up to the court’s discretion. Although some rules and checklists correspond with a successful motion for early termination, judges’ decisions on these motions boil down to the fact that they want to reward good behavior and hard work.
Typically, a judge will confer with the State Attorney’s Office and your probation officer before deciding on the motion to end your probation. This gives the court a fuller picture of your worthiness to receive early termination.
Joslyn Law Firm is well acquainted with Columbus judges, probation officers, and prosecutors. This familiarity will help us prepare a compelling motion on your behalf—and ensure that you have “checked all the boxes” that add up to a successful request for early termination of your probation.
Our lawyers understand the early termination process and can take you through it step by step. We will listen to your concerns and see to it that your questions are answered.
The Joslyn Law Firm legal team also understands the procedures and complex legal terms involved in early termination of probation, and we can explain them to you so you will know what to expect in your case. We will give you the information you need from the start so you know what to expect on the road that lies ahead.
Call Us Today for a Free Evaluation
As a team of knowledgeable and dedicated criminal defense attorneys, Joslyn Law Firm will do all we can to provide excellent client service and a favorable result that helps you reclaim your life. Call (614) 444-1900 today for a free consultation and discuss your options for early termination of probation in Columbus, Ohio.
Early Termination of Probation in Columbus Information Center
- Overview of Probation Under Ohio Law
- Early Probation Termination Process in Columbus
- Factors That Columbus Courts Examine When Considering Early Probation Termination
- What Happens When You Violate Probation in Franklin County?
- Early Probation Resources
- News About Early Termination of Probation in Ohio
- FAQs About Early Termination of Probation in Ohio
- Columbus Early Termination of Probation Lawyer
Probation is a period of supervision for a convicted offender (felony or misdemeanor). Instead of sending them to prison or jail for a specific period, the court suspends execution of the sentence. Then, the defendant is placed under the court’s supervision. The period of supervision can be up to five years under Ohio state law.
During this period, the defendant will be assigned a probation officer who will supervise them. A judge will determine the terms of the supervision, including how often the defendant will have to report to their probation officer.
Following All Conditions of the Probation Period is Crucial
Once placed on probation, the offender is expected to abide by the conditions the court has imposed. The Common Pleas Court Probation Department or the Adult Parole Authority can perform services during the probation period.
The defendant shall continue under the control and supervision of the appropriate probation agency to the extent the law requires. Per Ohio Revised Code Section 2951.06, the defendant shall be released from custody upon meeting the requirements and conditions the judge or magistrate has set.
Ohio Laws Governing Probation
Ohio Revised Code Section 2951.07 states that probation continues for the period that a judge or magistrate determines. This specific time is subject to the five-year limit specified in Ohio Revised Code Section 2929.15 and cannot exceed that time.
There are consequences for failing to meet the conditions of probation. For example, if the offender absconds or otherwise leaves the court’s jurisdiction without permission, the probation period stops running until the time the offender is brought before the court for further action.
An offender under probation can also find themselves back in front of a judge for the commission of an offense. Violating probation can lead to you a) continuing to serve your probation or b) going to prison or jail.
What Happens During Probation?
In Ohio, probation is called Community Control. While the defendant is on community control, they must meet specific conditions and complete certain duties. These include but are not limited to:
- Performing community service hours
- Avoiding substance use, such as using drugs or alcohol
- Undergoing random drug testing
- Paying restitution, fines, fees, or court costs they owe
- Receiving help with employment or other life skills
- Attending substance abuse treatment or counseling
Defendants on probation are subject to having their property or person searched without a warrant. They also may have a curfew, undergo electronic monitoring, and be ordered to stay away from certain people.
In Ohio, offenders can petition to end their probation early. If they wish to do so, the Ohio Department of Rehabilitation & Correction (ODRC) requires that they have complied with the conditions and sanctions of supervision and obeyed the rules and regulations of the court. An individual can be recommended for early probation termination if the recommendation is not contrary to the sentencing court’s policy.
Offenders who comply with the conditions of supervision should have their cases routinely reviewed every year at a minimum to determine if a recommendation for early probation termination is appropriate. The results of this annual review shall be documented in the individual’s case file.
Applying for Early Termination
You may be able to end your probation earlier if you have served at least half your probation period. If you are on federal supervised release, you will have to wait at least a year, per 18 USC 3583(e)(1).
There are several steps to take when applying for an early probation release. Ohio does allow individuals to file the petition themselves, but because the process can be challenging, you can hire a criminal defense lawyer to help you with the process.
To apply for an early probation release, you must submit Recommendation for Termination of Probation/Community Control reports on DRC Form 3065. This form outlines any special conditions or sanctions that were imposed and the date of completion. This includes financial obligations and whether there has been any violation behavior during the probation or community control period.
Your Probation Officer Will Check for Activity During Your Probation Period
The probation officer will conduct a local record check to ensure there are no warrants or unreported arrests during the supervision period. They will also put together an outline of the individual’s history of supervision, which describes any criminal activity the offender has been involved in, including:
- Date of arrest and disposition
- The offender’s attitude while under supervision
- Problem areas and how they were addressed
- Any remaining problem areas
If the court grants the termination request, then the supervising unit shall remove the offender from agency statistics and close the case in CCIS.
If the court denies the termination, the appropriate parole officer or unit shall submit a Special Report detailing the reasons for the denial and establish a follow-up date—no later than six months—for the next routine reassessment.
How We Can Help You Petition for Early Termination of Your Probation
You can secure legal representation from our firm to oversee your petition for early release from probation. Our attorney can help you make your case and prove you have met the conditions of your probation period.
For example, we can show how you have made gains that contributed to your personal growth while on probation, such as getting a job, going back to school, or volunteering in your community. An attorney with our firm can:
- Help you navigate the filing process to end your probation
- File important legal documents to get the process underway
- Build a case to prove that your actions and record show that you are an ideal candidate to be released from probation early
- File a motion with the court explaining why you are seeking early termination of probation
- Represent you before the judge at your probation hearing
We can help you fill out the proper paperwork, saving you from the possibility of making missteps that could delay or derail your chance of getting a probation hearing. We will start with filing a motion with the court to request your early termination and go from there.
We can also help you gather evidence to support your position and represent you in a hearing. For instance, if you paid all monies you owe, you should have receipts showing that you did. We can also use reference letters written by your employer or community center supervisor to show the judge you are worthy of consideration.
How to Help Your Case for Early Termination of Probation
You can help your chances of ending your probation early if you:
- Follow the conditions of your probation, ensuring you have met all requirements as stated
- Paid all the court fines, fees, costs, and restitution you owe
- Finished a substantial part of your probation term
- Do not have any outstanding warrants or violating behavior on your record since being placed on probation
You can meet with us during a free consultation today to discuss your potential early termination of probation. We can discuss your situation in detail and help you review your options as you take the next steps.
When a court receives your request for early probation termination, the judge will consider several factors before making their decision.
For starters, the judge will confirm that you have fulfilled all your financial requirements (fines), as well as any counseling requirements set forth as conditions of your probation. Any violations of these probation terms will work against you.
Courts also like to see that individuals on probation have worked to improve themselves. The more you can demonstrate such efforts—whether by seeking/finding employment, going back to school, or engaging in volunteer work—the more a judge will look favorably upon your request for early probation termination.
Judges do understand that life can throw any number of hardships your way and that such obstacles can interfere with your progress while on probation. If you have been unable to get a job, lost your job, or perhaps certain probation restrictions impeded your ability to pass a background check or to travel, the court will factor these matters into its decision.
Another way to terminate your probation is to violate the court’s terms. Because your probation would be considered unsuccessful, you would likely face imprisonment or additional jail time, along with a longer probation period and possibly other criminal charges.
When a court grants probation over another harsher penalty, it does so in a show of good faith that the defendant will stay out of trouble and make productive use of their time out in the world. As a result, the court does not look kindly on the breach of trust when a person violates the terms of their probation.
Actions That Could Trigger the Termination of an Unsuccessful Probation
Your assigned probation officer should be meeting with you on a regular basis—perhaps weekly or monthly—and might sometimes check in with you via home visits. Failing to maintain these scheduled meetings is considered a violation that could result in your probation being revoked.
Other common probation violations include:
- Committing another crime
- Carrying firearms
- Failing a drug test
- Fraternizing with an individual who has a criminal history
- Refusing to submit to a drug test
- Not registering as a sex offender
- Failure to perform required community service
- Not maintaining or getting a suitable job
- Failing to attend counseling sessions
- Failure to pay restitution and/or court fees
- Traveling outside a geographic area as specified in the probation order
What to Expect in Terms of Penalties
The legal consequences for violating a probation order include:
- Your arrest
- New charges on top of your original offense
- Maximum punishment for the original offense
- Nullification of time served on probation
- Negative impact on possible expungement
Our Columbus lawyers will work to make the best of the situation if you have violated the terms of your probation.
ODRC Adult Parole Authority Policies
This website from the Ohio Department of Rehabilitation & Correction contains information about the policies for release and supervision of adult felony inmates returning to communities from prison. You can visit the site to access details about:
- The administrative review of parole cases
- Offender travel permits
- Conditions of supervision
- Offender grievance procedure
- Financial obligation of offenders
- Sanctions for violations of conditions of supervision
- Other valuable information
This site has information on the agency and its purpose with regard to streamlining the process of probation. It also includes local rules, supervision practices, and helpful links. The United States Probation Southern District of Ohio has a local office at 85 Marconi Boulevard, Room 546, in Columbus, Ohio. You can reach the office via phone at 614-719-3100.
Pew Trusts Report: “States Can Shorten Probation and Protect Public Safety”
This 2020 Pew Trusts report sheds light on how US states vary widely in the policies they use to determine probation sentences. According to the report, one in 39 adults in Ohio was on probation in 2018, and the average probation term grew by two months between 2000 and 2018.
In 2018, the average probation term was 21 months; in 2000, it was 19 months. Also, more people are on probation in the United States than in prisons and jails and on parole combined, according to this report.
US Courts: “Early Termination of Supervision Cost-Effective and Safe”
This United States Courts article highlights the results of a federal judiciary study about early termination of probation and the benefits of releasing low offenders early. “Early-term offenders save the probation and pretrial services system time when officers are no longer required to supervise them,” the article asserts.
United States Sentencing Commission (USSC) Report: “Federal Offenders Sentenced to Supervised Release”
This USSC report addresses common legal issues concerning supervised release that occur in three phases of federal criminal cases. It also presents a data analysis that examines how often federal courts imposed supervised release in cases where the law did not require it. “The data also show that courts imposed supervised release at very high rates regardless of both the offense type (with a few exceptions) and an offender’s criminal history,” the report says.
November 18, 2020
Brooke Skylar Richardson, 21, of Carlisle, Ohio, was recently released from her three-year probation sentence more than a year after a jury’s conviction that she abused the corpse of her dead infant. She had the baby when she was an 18-year-old high-school student.
Journal-News reports that Richardson served 14 months of her 36-month probation. Her attorney noted in his motion that the woman was employed, in college, and attending mental health treatment.
November 6, 2020
A US District Court has denied former Connecticut Gov. John G. Rowland’s request for early release from probation. Rowland based his request on the requirements of his new job as a fundraiser and development director for Prison Fellowship.
The position involves Rowland traveling to multiple prisons in the Northeast region, but state security rules prohibit his going to prisons in Ohio, New York, and Connecticut while he is on probation. US District Judge Janet Bond Arterton wrote that Rowland’s consistent violations of ethics laws indicate that the former governor requires supervision.
Former Judge Tracie Hunter, who had been physically dragged off to jail in July 2019, has completed the terms of her probation, according to FOX19. Hunter paid the court costs she owed and complied with the other terms of her community control, enabling Hamilton County Common Pleas Judge Patrick Dinkelacker to grant termination of the probation.
January 15, 2020
A judge ordered the early termination of probation for Joseph Migliorini, the former mayor of Macedonia, Ohio, after he completed about nine months of a two-year probation term set to end in April 2021, according to Cleveland.com.
Migliorini entered a guilty plea to a first-degree misdemeanor charge for violating a protection order that concerned an ex-girlfriend. His attorney initiated the motion for early termination, saying his client paid his fines and restitution, attended counseling as ordered, and followed other terms of his probation.
Q: Can I Terminate My Probation Early in Ohio?
A: Yes, you can pursue ending your probation early. It may help your chances if you have finished a substantial part of it. For example, if you have two years of probation, you should have completed at least a year before seeking an early release. If you are on federal supervised release, you may be able to petition the court with the help of our firm after completing a year of your term.
Q: How Do I Go About Filing for an Early End to Probation?
A: You can reach out to your probation officer or seek the counsel of a criminal defense attorney from our team. We can discuss your eligibility for early probation release and help you consider your legal options. Should you decide to hire us, we can file a request with the court to start early termination of probation proceedings.
Q: How Can a Lawyer Help Me File for Early Termination of Probation?
A: A defense attorney from our firm can review your case and determine your eligibility for early probation termination. We also can ensure your petition meets all the filing requirements and explain how the process works—it can be complex and take considerable time to complete.
Our team can help establish your eligibility for early termination of probation by gathering the documentation you need to prove you are a good candidate. One of our criminal defense lawyers can also represent you at the probation hearing. You should be upfront with us about any concerns you have or information in your case that could come up when your petition is reviewed.
Q: What Are Some Things to Remember When Applying for Early Termination of Probation?
A: Seeking to end your probation early is a serious matter. Before you apply, you must understand the process and have the required forms to file your petition. You will want to think about what the court will consider when reviewing your request. In general, it will look at whether you have paid all fines and court costs that you owe.
It will also look at whether you met all the conditions required of you. For example, if you were ordered to attend counseling or complete a substance abuse treatment program, it will check to see if you complied.
You will also want to show you have a clean record with no violations and that you made positive gains during the probation period. If you got a job, decided to continue your education, or completed your community service commitment, all of these could help support your request.
If you are on probation and would like to discuss your options for early termination, Joslyn Law Firm is here to give you a full and comprehensive understanding of what is required. Columbus criminal defense attorney Brian Joslyn is prepared to help guide you through the complicated process.
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.
Call (614) 444-1900 for a risk-free consultation to go over your case and see if early termination is a viable option.