Freedom from criminal probation is here- when you work with an attorney.
Main Photo Credit: Prizrak 2084 on Flickr (CC BY 2.0)
Felony crime convictions in Montana usually include probation, in addition to a fine, jail time, or other sentencing requirements. In Montana, probation requires:
- Regularly checking in with a probation officer
- Being tested for alcohol and drugs
- Obeying a fairly long list of conditions that the probationer must abide by
Fail to meet these requirements and you’ll face the possibility of going to jail for a violation of your probation terms.
Freedom from probation
There is freedom from probation – but the laws have changed significantly in the State of Montana in order to allow this. Freedom from probation can:
- Simplify your life. No check-ins, drug tests or other hassles.
- No need to ask permission or request a permit allowing you to travel
- Allow you to put your past behind you and start moving on with your life
How to end probation early in Montana
- Work with an attorney you trust
- Apply for a conditional discharge
- Complete at least 2/3 of your probation
- File for early termination of probation through a written order from a District Court judge
Traditionally, a probation officer would and should request this from the Courts.
However, new legislation and Department of Corrections (D.O.C.) policies have complicated this process. Now, all probationers must be assessed as a risk level from low to high for re-offense.
Based upon this risk level determination, a time period is set. They must be on probation for this set amount of time without any violations. Once this time period has passed for that risk level, the probation officer is supposed to ask the court for a conditional discharge.
However, the D.O.C., is now refusing to allow their officers to make such recommendations, despite the statute. That means you need a lawyer to do it, and do it right.
Once you get the Conditional Discharge, then you have to apply for early termination.
Early termination of probation is a separate matter that requires yet another District Court Judge to approve the early termination of the probation requirement. Under the law, a probationer must successfully complete 2/3 of the actual probation time imposed upon them before they can seek early discharge.
Further, there is an amount of time AFTER obtaining a conditional discharge that a probationer must wait before the early release from probation can be granted.
Confused yet? The Judnich Law Office can help.
I know this isn’t easy to understand. Criminal law is a complicated system and one that often feels intentionally obtuse.
To truly end your criminal probation early, you’ll need to work with several government agencies and officers, in addition to the courts and judges. Only attorneys with experience in these matters should even attempt to begin this process.
If you or a loved one is serving felony probation, you may be eligible to end that probation early, and that time might be right now.
Contact the Judnich Law Office today or call (406) 721-3354 to discuss your case. We offer free consultations to see if we can accept your case to be released from probation early and start a new life.
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.