Conditional Discharge from Probation in Montana
Are you currently serving felony probation in Montana and want to end your probation early and not have to report, test, meet, and deal with your probation or parole officer any further? Lawyers at the Judnich Law Office in Missoula can help.
What is conditional discharge?
Conditional Discharges is the formal way of saying Ending Felony Probation Early, in both State and Federal Courts. Under Montana State law, a person serving probation for a felony may be eligible to have their sentence ended early. This is a legal process where the Sentencing Court agrees to end probation early and the rules of probation would no longer apply to you.
Completing the process is a great way to start moving on with your life and putting your past behind you.
Be aware that only felony convictions are eligible. If you’re servicing probation for a misdemeanor, it can’t be discharged under this law. Parole can technically also be discharged early, but that is a separate process before the Parole Board.
Why seek a conditional discharge?
Completing conditional discharge of your probation requires the filing of a legally persuasive petition meeting all legal requirements to the sentencing court. Following this petition, the court will consider:
- Your risk level - Low Risk is preferred. Different Risk Levels have different time calculations.
- Completed probation time - Once you have completed at least 9 months of probation - Most are eligible.
- Support from your probation officer - We need your PO to be able to advise the Court of their support for the Petition. Without this, it is difficult to succeed.
- All Court & probation fees are paid - You must have everything paid and up to date.
- Revocations - even if you have had a Revocation or administrative sanction while on probation, you may still be eligible.
If successful, the court will terminate your probation early and you will no longer be on any type of probation.
Marty Judnich Esq., says,
“I’ve seen too many people try to petition the court on their own — and fail, or they choose inexperienced lawyers who don’t know the process. The Courts take this very seriously and it must be done correctly to be granted”
We have successfully petitioned District Courts across Montana and allowed our clients to be discharged early from probation hundreds of times. The key is knowing the law and filing the appropriate petition before the court.
We know how to be successful with these petitions, and we can help you too. We are at almost 100% success for Conditional Discharge Petitions being granted for our clients.
Frequently Asked Questions
How much does conditional discharge cost? Do you offer payment plans?
Typically our firm requires an up front $2,550 retainer payment for this service. In some cases, other factors may affect this price. When we learn more about your case we’ll be able to give you a more accurate quote.
Our firm does not accept payments. However, we accept a variety of payment options including credit card, PayPal, and others.
How long will the process take?
Typically Conditional Discharge is granted within 60-90 days after our Petition is filed.
I don’t know if I can get time off work. Will I have to go to court myself?
Usually, no hearing is required, so we don't go to court. Paperwork filed with the court is all that is required.
Is it guaranteed that I'll win? What happens if I lose?
We can never guarantee an outcome for any kind of case. However, we have seen success rates in the 90+% for this process. But if a judge decides to deny a petition, they usually give us a reason. That allows us to re-petition at a later time with the information they want.
Can’t I or my PO do this on our own?
Our firm wants to see people succeed, which means you have to know what you are doing. We have seen pro se folks not petition the court correctly and really hurt their chances. Likewise, most probation officers are no longer allowed to file these petitions due to internal policies with the DOC in Montana.
“Thanks Judnich Law Office!! Marty represented me and I got the result I was looking for. I’m glad I chose your office. Christy and Marty Kept me informed and there was never a question of what the next step was, or what the next action to take was. HIGHLY RECOMMEND!”
— Ethan Clum
“Marty was and is a phenomenal lawyer and does an outstanding job working his butt off to get you the best outcome possible! He always kept me up-to-date and informed of what was going on and what to look forward to and how to deal with it! He is outstanding and I extremely recommend using him as your lawyer!”
— Ace H.